Historic Ruling on Saskatchewan Labour Case

Posted on Updated on

By Ken Fox

On January 30, the Supreme Court of Canada, by a 5-2 majority, ruled that the right of workers to strike is constitutionally protected, overturning the Saskatchewan Court of Appeal’s judgment, and rendering the Public Services Essential Services Act unconstitutional.

The act, passed in 2008, is designed to prevent work stoppages in essential public services such as hospital and police. Invoking section 2(d) of the Charter of Rights, which guarantees freedom of association, the Supreme Court ruled that any legislation limiting the right to strike must provide a strong justification, and an alternate means for resolving the dispute.

The Supreme Court’s decision will have implications for labour laws across Canada.

For further comments and analysis, see posts on Lexicology, Lancaster House, and Slaw.

Tell us what you think

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s