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In its landmark decision in B.C. Health extending protection to collective bargaining under section 2(d) of the Charter, the Supreme Court of Canada relied heavily on international labour law and principles, especially as defined by the International Labour Organization. In particular, the Court treated as a "cornerstone" of the international law in this area the opinions of the ILO’s Committee of Experts and Committee on Freedom of Association (CFA), and cited those opinions in support of its finding that freedom of association under ILO conventions includes a right to bargain collectively. This paper argues that in B.C. Health and other cases involving constitutional labour rights, the Supreme Court has misunderstood and oversimplified the ILO supervisory process....

Publisher: HeinOnline