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Collective Bargaining and the Charter: Assessing the Impact of American Judicial Doctrines

Resource type
Authors/contributors
Title
Collective Bargaining and the Charter: Assessing the Impact of American Judicial Doctrines
Abstract
The impact of the US judicial doctrines on recent Canadian Charter of Rights and Freedoms decisions relating to Canada's collective bargaining laws is analyzed. No clear pattern emerges concerning the impact of American jurisprudence on those Charter cases relating to labor law. What is very noticeable, however, is the tendency of the Canadian judiciary to consult US case law, even if it is ultimately rejected as a deciding factor in the particular decision to be rendered. Even in those cases in which US jurisprudence was seen to be particularly relevant, it was never to the exclusion of an assessment of the Canadian experience or without a recognition that the values, institutions, and constitutional arrangements of the 2 nations are different.
Publication
Relations Industrielles
Volume
46
Issue
4
Pages
722-749
Date
Autumn 1991
Language
English
ISSN
0034379X
Short Title
Collective Bargaining and the Charter
Accessed
3/9/15, 8:55 PM
Library Catalog
ProQuest
Rights
Copyright Universite Laval - Departement des Relations Industrielles Autumn 1991
Citation
Carter, D. D., & McIntosh, T. (1991). Collective Bargaining and the Charter: Assessing the Impact of American Judicial Doctrines. Relations Industrielles, 46(4), 722–749. http://www.erudit.org/revue/ri/1991/v46/n4/index.html