Supreme Court Rules Right to Strike Protected by the Charter

Published on January 30, 2015

For the third time in 2015, the Supreme Court of Canada has released a significant decision in the realm of labour relations.  In Saskatchewan Federation of Labour v Saskatchewan, the Supreme Court struck down legislation from Saskatchewan that prohibited designated essential services workers from engaging in strikes.  Most importantly, the Supreme Court found, for the first time and contrary to a previous line of cases, that the right to strike is protected under the Charter of Rights and Freedoms.  This determination will make it much more difficult for governments to enact labour reforms that restrict the ability of certain employees to strike, and may put in jeopardy existing regimes that preclude strikes for essential services.

Stay tuned for our thorough update and analysis of this watershed decision, as well as the previous decisions of the Supreme Court in Mounted Police Association of Ontario v Canada and Meredith v Canada.

constitutional law,  labour law