The Impact of Saskatchewan Federation of Labour on Future Constitutional Challenges to Restrictions on the Right to Strike

Abstract

My focus here will be on whether the decision in Saskatchewan Federation of Labour v. Saskatchewan2 will give an impetus to the success of constitutional challenges to laws governing the right to strike. While Saskatchewan Federation of Labour dealt with restrictions on that right in essential services legislation, i.e. legislation that provided for "controlled" strikes, this paper will for the most part address other forms of "strike laws." Briefly, I believe that while the Supreme Court's decision in Saskatchewan Federation of Labour is a welcome event in the evolution of labour relations in Canada, it is unlikely to revolutionize our labour relations regime. --From author's introduction