In April, the Supreme Court of Canada (SCC) handed down its latest pronouncement on the relationship between the Charter’s guarantee to freedom of association and the collective bargaining process in Ontario (AG) v. Fraser (Fraser). In Fraser, a majority of the Court determined that Ontario’s Agricultural Employees’ Protection Act (AEPA) is consistent with the Charter’s s. 2(d) guarantee [...]

In April, the Supreme Court of Canada (SCC) handed down its latest pronouncement on the relationship between the Charter’s guarantee to freedom of association and the collective bargaining process in Ontario (AG) v. Fraser (Fraser). In Fraser, a majority of the Court determined that Ontario’s Agricultural Employees’ Protection Act (AEPA) is consistent with the Charter’s s. 2(d) guarantee [...]

Does the constitutional right to form a union and collectively bargain also extend to lawyers? Unfortunately for the legally curious, a case in Nova Scotia which would have answered this question has been dropped this week, leaving the question for another day. Fortunately for Crown Attorney’s in Nova Scotia, on the other hand, the provincial [...]

In the age of globalization, national courts are increasingly referring to foreign jurisprudence and international law in their decision making. However, the use of foreign jurisprudence by domestic judges is not without controversy. Proponents argue that foreign jurisprudence can help with the development and interpretation of domestic law. Opponents purport that reliance on foreign jurisprudence [...]

Four months ago, in Health Services and Support – Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27, the Supreme Court ruled that Canadian workers and unions have a constitutional right to engage in collective bargaining. In recent weeks, this young decision is beginning to exercise some effect on both the British Columbia healthcare [...]

An important Supreme Court of Canada judgment dealing with the right to bargain collectively was delivered Friday, June 8, 2007. Health Services and Support-Facilities Subsector Bargaining Association v. British Columbia, 2007 SCC 27 is being hailed by some as a “landmark” ruling and was previously discussed here at The Court on June 15, 2007 and [...]

Sometimes it is good to eat crow – if it comes with the right sauce. In its June 8, 2007 decision, Health Services and Support – Facilities Subsector Bargaining Association v. British Columbia, 2007 SCC 27, the Supreme Court of Canada concluded that “the holdings in the Alberta Reference and PIPSC excluding collective bargaining from [...]

The Supreme Court of Canada’s recent decision in Health Services and Support – Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27 finally clarified that the guarantee of freedom of association in s. 2 (d) of the Charter protects collective bargaining rights. The SCC stressed that this right is limited and does not guarantee [...]