Freedom of Association

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Freedom of Association

SKU: 61968.01

The SCC Reimagines Freedom of Association in 2015

Authors: Rita Khullar QC and Vanessa Cosco

After reviewing the evolution of the Supreme Court of Canada’s approach to freedom of association, this paper reviews the 2015 Labour Trilogy cases of Mounted Police (Association of Ontario) v Canada (Attorney General) addressing the right to join a union, Meredith v Canada (Attorney General) addressing legislation overriding predetermined wage increases, and Saskatchewan Federation of Labour v Saskatchewan addressing the right to strike.

The Supreme Court’s New Labour Trilogy – Momentous Decisions and a Modest Critique

Author: Craig Neuman QC

In this paper, the author offers three criticisms of the recent re-shaping of what the constitutional protection of freedom of association means in the field of labour relations law. These criticisms include that it ignores the intent of the drafters of the Charter, that it has been inconsistent and unpredictable, and that it usurps a regulating role in labour relations to the judiciary that is better left to legislators.

These papers are part of a collection presented at LESA’s Constitutional Law Symposium in October, 2015.

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