The Supreme Court of Canada decided today The Public Services Essential Services Act of Saskatchewan violates s. 2(d) of the Charter of Rights and Freedoms

“The Supreme Court of Canada decided The Public Services Essential Services Act of Saskatchewan violates s. 2(d) of the Charter of Rights and Freedoms. The Court found that the ability of public sector employees to engage in the collective withdrawal of services is a necessary component of the collective bargaining process through which workers can continue to participate meaningfully in the pursuit of their collective workplace goals. This crucial role in collective bargaining is why the right to strike is constitutionally protected by s. 2(d) of the Charter. The Court further held that the breach of s. 2(d) was not a reasonable limitation justified under s. 1 of the Charter, so the legislation is unconstitutional.

This represents a landmark decision in Canadian labour law, as it is the first time the Supreme Court of Canada has explicitly held that striking activities are protected under s. 2(d) of the Charter.”

The full decision can be downloaded here.

About the Labour & Employment Law Group:

McKercher’s Labour and Employment Law group has extensive experience in federal and provincial labour and employment law. We represent both federally and provincially-regulated clients on a wide range of issues before the courts, Labour Relations Board and various arbitration and human rights tribunals.

About McKercher LLP:

McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Expertise, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions.