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The Supreme Court of Canada and the Right to Bargain Collectively: The Implications of the Health Services and Support case in Canada and Beyond

Resource type
Author/contributor
Title
The Supreme Court of Canada and the Right to Bargain Collectively: The Implications of the Health Services and Support case in Canada and Beyond
Abstract
In June 2007, the Supreme Court of Canada expressly overruled 20 years of jurisprudence that interpreted the freedom of association as excluding collective bargaining. This about-face by the Supreme Court was unexpected. What gave rise to this remarkable decision and what does it portend for the role of the courts in labour relations in Canada and beyond? The recent successes before courts have led some observers to suggest that it may now be a propitious time for a coordinated and proactive litigation strategy to vindicate labour's collective rights. This article offers some preliminary answers to these broader questions and issues by focussing on the Supreme Court's decision in the Health Services and Support case.
Publication
Industrial Law Journal
Volume
37
Issue
1
Pages
25-48
Date
2008
Journal Abbr
Ind Law J
Language
English
ISSN
0305-9332, 1464-3669
Short Title
The Supreme Court of Canada and the Right to Bargain Collectively
Accessed
12/12/14, 2:53 AM
Citation
Fudge, J. (2008). The Supreme Court of Canada and the Right to Bargain Collectively: The Implications of the Health Services and Support case in Canada and Beyond. Industrial Law Journal, 37(1), 25–48. https://doi.org/10.1093/indlaw/dwm038