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  • Providing his prognosis for the future of a right to strike, in light of the Supreme Court of Canada's decision in B.C. Health, the author argues that the Court will likely recognize constitutional protection for such a right. In his view, based on the scope offreedom of association set out in that decision, as well as the adoption of a "substantial interfer- ence" test, government measures will probably be held to violate s. 2(d) of the Charter if they totally remove the right to strike, or restrict it so severely as to deny access to a meaningful process of collective bargain- ing. However, turning to a consideration of the problems and concerns that would arise from Charter protection for a right to strike, the author suggests that recognition of a broad, open-ended right may open the door to challenges to the numerous restrictions on strike activity found in Canadian labour relations statutes, and embroil the courts in ongoing review of legislative choices on policy issues. Thus, he expects that the Supreme Court will recognize only a limited right to strike - one in which the legislature would be permitted to substitute strikes with some other fair impasse resolution mechanism (such as interest arbitration), in situations where there are policy reasons for withholding the right to strike or for bringing an end to a strike that threatens the public interest.

  • For a clear understanding of the legal protections and remedies available to employers and workers in Canada, this convenient survey and analysis is ideal. Although it may be said that there are eleven distinct systems of labour law in Canada - encompassing ten provinces and the Federal government - the authors ensure depth of treatment by focusing on common policy themes and typical legal solutions, with significant departures noted in whatever province or area of law they may arise. However, the relevant law of the three most populous and influential provinces - Quebec, Ontario, and British Columbia - is covered in particular detail, as is Federal labour legislation and case law. Among the important areas of Canadian law and practice emphasised are the following: the tension between trade union power and business flexibility; collective "labour law" and individual "employment law"; the effect of the North American Free Trade Agreement; the central place of the legal concept of the employment contract; labour standards legislation; the influence of the 1982 Charter of Rights and Freedoms; court intervention in labour law, both under common law principles and Quebec's civil code; the role of labour relations boards; and judicial review of administrative decisions and arbitration awards. As an accurate and usable guide for lawyers not expert in Canadian law, Labour Law in Canada is without peer. --Publisher's description

Last update from database: 4/11/25, 4:10 AM (UTC)

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