Supreme Court of Canada Rules Ability to Strike a Fundamental Right

On Friday, the Supreme Court of Canada declared the right to strike to be fundamental and protected by the Canadian Constitution. This decision followed on the heels of a January 16 court ruling that said the RCMP and other Canadian workers have the right to unionize to protect their interests.

Friday's ruling came in a Saskatchewan case in which public-sector unions challenged a 2008 provincial law passed by Premier Brad Wall’s Saskatchewan Party that limited the right to strike by workers deemed by the government to be in essential services, such as jail guards. In the federal jurisdiction, 94% of contract disputes are settled without a work stoppage, according to the Canadian Labour Congress (CLC). “Strikes are always the last resort, never the first resort, in collective bargaining, and the number one objective is always to reach an agreement,” said said CLC president Hassan Yussuff. "Today’s decision levels the playing field for workers by placing checks on the power of governments, as employers, to legislate unfair essential services arrangements that tip the scales in management’s favour,” 

In Nova Scotia, Bills 30 and 37 passed by the McNeil government have been challenged in the Nova Scotia Supreme Court by the Nova Scotia Federation of Labour (NSFL) and several unions. “We sincerely hope the Nova Scotia Government does the right thing and revokes these bills, but if not, that case will proceed to determine if the infringement on the right to strike in those Bills can meet the stringent requirements applied by the Supreme Court of Canada today, “ said Rick Clarke, president of the NSFL. 

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