Collective Bargaining Jurisprudence
Canadian jurisprudence following the 2007 Supreme Court of Canada decision in Health Services and Support - Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27. This decision significantly changed the landscape in the treatment of collective bargaining rights by recognizing for the first time the constitutional right to collective bargaining under the freedom of association provision (section 2(d)) in the Canadian Charter of Rights and Freedoms.
The decisions following Health Services have been reviewed with respect to how this case has been applied by labour arbitrators, labour tribunals and the courts in the pursuit of collective bargaining rights. The review has been limited to those cases publicly available at www.canlii.org - CanLII is a non-profit organization managed by the Federation of Law Societies of Canada.
| Title | Jurisdiction |
Date |
|---|---|---|
King v. Deputy Head (Canada Border Services Agency) |
Federal Government | November 2010 |
British Columbia Teachers’ Federation v. British Columbia |
British Columbia | April 2011 |
Ontario (Attorney General) v. Fraser |
Federal Government | April 2011 |
Canada (Royal Canadian Mounted Police) v. Canada (Attorney General) |
Federal Government | June 2011 |
Québec (Procureur général) c. Confédération des syndicats nationaux (CSN) |
Quebec | July 2011 |
Federal Government Dockyard Trades and Labour Council v. The Attorney General |
British Columbia | September 2011 |
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