Aug 12, 2015

Labour Law: Essential Services; Right to Strike; Freedom of Association

Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4 (CanLII)

The prohibition against strikes in the Public Service Essential Services Act substantially interferes with a meaningful process of collective bargaining and therefore violates s. 2 (d) of the Charter; the infringement is not justified under s. 1; the declaration of invalidity suspended for one year; and the appeal with respect to The Trade Union Amendment Act, 2008 is dismissed.

Note: These brief summaries were originally prepared for Supreme Advocacy LLP’s weekly newsletter which covers Supreme Court of Canada appeals and leaves to appeal.