Labour Studies Index

Giving Life to the ILO: Two Cheers for the SCC

Document type Book chapter
Author Ewing, Keith D.
Series Editor Fudge, Judy
Editor Fudge, Judy
Series Editor Tucker, Eric
Editor Tucker, Eric
Series Editor Faraday, Fay
Editor Faraday, Fay
Author Hendy, John
Book Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case
Publisher Irwin Law; Toronto
Date 2012
ISBN 978-1-55221-291-2
Pages 286-317


Considers the intersection of relevant conventions of the International Labour Organization, the Charter of Rights and Freedoms, and labour case law of the Supreme Court of Canada. Asserts that the Canadian government is bound by ILO membership to promote collective bargaining, and that the Supreme Court's reliance on ILO principles was fully justified in Dunmore and BC Health Services. Concludes that, although the court's decision on Fraser fails to implement these principles, the right to strike in Canada will eventually be constitutionally recognized.