One More Battle to Fight: Trade Union Rights and Freedom of Association in Canada
AbstractThree key decisions of the Supreme Court of Canada in 1987 considered the availability of the Charter's guarantee of freedom of association as legal protection for trade union rights in Canada. The cases decided that there is no constitutional protection for the legal right to strike, but did not set out the limits of constitutional protection for union rights. This paper examines several decisions from superior courts and courts of appeal since the trilogy, (particularly a 1988 decision of the Court of Appeal for the Northwest Territories) and discusses the availability of Charter protection for other trade union interests, including organizing and certification rights. It is argued that there are several grounds for testing standard Canadian collective bargaining legislation under the Charier. Assuming that a prima facie breach of the Charter can be established, the paper examines a sample of collective bargaining statutory provisions in accordance with the principles established by the courts for the application of s. 1 of the Charter, concluding that some, but not all, of such provisions would survive a vigorous application of the Charter.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.