Labour Studies Index

Constitutional Deradicalization of the Wagner Act Model:The Impact of B.C. Health Services and Fraser

Document type Thesis
Author Dobson, Tracey-Ann Alecia
Degree Master of Laws
Publisher University of Toronto; Toronto
Date 2011-12
Pages 68
URL https://tspace.library.utoronto.ca/handle/1807/30574

Abstract

For many years, workers petitioned the Supreme Court of Canada to intervene in labour relations to protect their collective bargaining rights. Finally, the Court answered the call, but the drastic changes made were not what workers expected. This thesis outlines the effect that the Court’s decision to intervene in labour relations had on the existing collective bargaining model. In making this determination, a historical analysis was done of the Court’s attitude towards using section 2(d) Freedom to Associate to protect collective bargaining, followed by a comparative analysis with United States jurisprudence to explain the effect of the Canadian decisions on the statutory provisions. The analysis revealed that the decisions had significantly weakened protections for workers’ rights, and provided the basis to conclude that the Supreme Court of Canada had used the Canadian Charter of Rights and Freedoms to deradicalize the existing collective bargaining model.