Supreme Court of Canada to Decide on the Right to Strike

The Supreme Court of Canada says it will decide on the right of employees in essential services to strike in Canada. (CBC) The announcement follows a February 6, 2012 decision of the Saskatchewan Court of Queen’s Bench and a reversal of that decision on April 26, 2013 by the Saskatchewan Court of Appeal.

According to the Saskatchewan Court of Appeal, the province’s Public Service Essential Services Act, which limits the ability of public sector employees to strike, will be upheld. Contrary to the 2012 decision of the Court of Queen’s Bench, the Court of Appeal determined that section 2(d) of the Charter does not protect the right to strike. (MLT) In a unanimous decision, Saskatchewan’s essential services legislation “does not unreasonably infringe on employees’ right to strike.” (Read More)

According to Ontario law firm, Hicks Morley, the law regarding the right of employees to strike in Canada is murky, and “(g)iven the importance of labour relations policy in the Canadian economy and society, it is imperative to have clear principles in place.” (Hicks Morley)