SCC recognizes Right to Strike

The Supreme Court of Canada has recognized a constitutional right to strike as part of section 2(d) of the Canadian Charter of Rights and Freedoms. This precedent setting decision overturns a 1987 decision of the Court.

The case involved legislation passed by Saskatchewan provincial government concerning essential services, but which effectively removed any right to strike from large portions of the public service without any meaningful mechanism to challenge the government’s decisions concerning which services were essential. The legislation was challenged by the Saskatchewan Federation of Labour. Craig Bavis, partner at Victory Square Law Office, was co-counsel on behalf the the SFL.

SFL Legal Team

SFL Legal Team – Peter Barnacle, Craig Bavis and Rick Engel

Read the SCC’s decision here

See the SFL’s press release here