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- Title
Finally the Right to Strike: But What About Organizing?
- Authors
McDermott, Patricia
- Abstract
The Saskatchewan Federation of Labour decision from the Supreme Court of Canada (January, 2015) is a landmark case in that, after a twenty-eight year judicial lead-up, it finally confirms the right to strike as guaranteed by the Charter's Section 2(d) freedom of association. The decision found the provincial government's unilateral authority over designating essential services during a work stoppage to be unconstitutional. The decision is indeed a victory for unions that goes far beyond the particular issues in the case and will have ramifications for years to come. This paper presents a preliminary look at the decision and discusses four interrelated areas of labour law that will be affected. The downside of this decision, however, is the finding that amendments to Saskatchewan's Labour Relations Act that are designed to make organizing more difficult, are constitutional. This decision continues a trend in labour legislation that will undoubtedly help undermine the much needed organizing in Saskatchewan in the face of declining union density, particularly for the fast growing cadres of precarious workers who need unions. This aspect of the decision, which represents the loss of a rare opportunity for the Court to support organizing, will also be discussed briefly.
- Subjects
SASKATCHEWAN; RIGHT to strike; FREEDOM of association; LABOR laws; PUBLIC demonstrations
- Publication
Alternate Routes, 2016, Vol 27, p213
- ISSN
0702-8865
- Publication type
Article