Workers, Labour Unions and the Law: Canadian Labour Unions in the New World of Bilateral Freedom of Association

What are the consequences for the Canadian Labour movement in holding contradictory positions concerning freedom of association? The research into this question conceptualizes Canadian unions as partners with capital and the state in a legally constructed regime of labour relations and collective bargaining. Pertinent Supreme Court of Canada cases concerning labour unions and freedom of association demonstrate that labour unions are inconsistent in their claims concerning freedom of association. This study reveals that while labour unions claim freedom of association is unilateral, that is, workers do not have a right to dissociate, the courts have found that freedom of association is bilateral and workers have a constitutional right to not associate or associate with whom they choose. To date, the courts have also found that infringing on workers' freedom of association is justified under the 'Charter'. However, in the future, the courts may well find these infringements are not justified.