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  • In recent years, trade unions in Canada have become increasingly reliant on constructing workers’ rights as part of the broader rubric of human rights. While the topic of labour rights has become popular in recent academic literature, it remains under-explored. An important element of constructing labour rights as human rights is its impact on union democracy and rank-and-file mobilization, though this has yet to be fully explored. Utilizing the case study of the Hospital Employees’ Union (HEU) struggle against Bill 29, this paper suggests that a reliance on the construction of labour rights as human rights and the corresponding judicial strategy prevents the development of a more radical, grassroots social movement unionism and instead facilitates the proliferation of hierarchical, elite dominated forms trade unionism. It concludes by suggesting that unions must be cautious of the potential downfalls of quelling militant grassroots activism in lieu of a rights-based challenge.

  • The year 2017 marked the ten-year anniversary of the Health Services case, a precedent-setting decision by the Supreme Court of Canada that ruled collective bargaining is protected by the Canadian Charter of Rights and Freedoms. This article explores the impact and legacy of BC Health Services, and finds that while workers’ constitutional rights have been expanded under the Charter over the past decade, governments nevertheless continue to violate these rights. It concludes that the legacy of the case is not an enhanced level of protection for these rights to be enjoyed fully, but rather that the default option has been and will continue to be a financial penalty for the state in instances in which they violate workers’ rights.

  • In a series of recent cases involving the right to bargain collectively, the Supreme Court of Canada asserted that Wagner Act model, or a model of unionism which is both exclusive and majoritarian, need not be the only model available to workers in Canada (as is currently the case). Although the possible move away from Wagner Act unionism toward some form of minority unionism has received some support, this article argues that there are far too many dangers associated with minority unionism, namely, that it will be a corollary for right-to-work laws, will cause infighting between unions, and will divide and fragment workers’ sense of solidarity, and that the supposed benefits that may be attained through constitutionally protected minority unionism can, and should, be attained without it.

Last update from database: 11/24/24, 4:10 AM (UTC)

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