Labour Studies Index

Updated: 2019-04-26

Judicial Developments of Collective Labour Rights - Contextually The Comparative Perspective

Document type Article
Author Davidov, Guy
Journal Canadian Labour & Employment Law Journal
Volume 15
Date 2009-2010
Pages 235-250
URL http://www.academia.edu/download/39780392/Judicial_Development_of_Collective_Labour_Rights_Contextually.pdf

Abstract

The Supreme Court of Canada's decision in B.C. Health, holding that collective bargaining attracts Charter protection, emphasizes the importance of context in constitutional interpretation. The author agrees with the Court in looking to context as part of a purposive approach to interpretation of laws, and he argues that such an approach can be com- pared to the way in which labour laws have been developed in Israel - a country which, in his view, is a useful source of comparative law for Canada. In an effort to respond to changing realities in the labour mar- ket and labour relations (most notably the weakening of trade unions), Israeli judges have in recent years created a number of collective rights in the area offreedom of association, collective bargaining, and strikes. On the basis of the experience of Israeli courts in developing new work- place protections where they are needed, the author contends that the Supreme Court of Canada should now take the next step and extend Charter protection to the right to strike.