The Supreme Court of Canada rules on the RCMP’s Right to Collectively Bargain Case

January 19, 2015

Author:

Dean C. Stanley

The Supreme Court of Canada released its decision on the RCMP’s labour relations regime Friday, January 16th. Download the Canlii Information for full details. While the case is directed at the question of the collective bargaining rights of members of the Royal Canadian Mounted Police, it will likely have broader labour relations ramifications.  For instance, the decision confirms that a labour relations regime will violate s. 2(d) of the Charter of Rights and Freedoms and the guarantee of freedom of association where it “substantially interferes” with the right to a meaningful process of collective bargaining. We are still awaiting the Supreme Court’s decision in the so-called “right to strike” case out of Saskatchewan, which involves a constitutional challenge to the Province’s essential services legislation.  The RCMP judgment was very carefully worded, and it is difficult to predict the impact it will have on the essential services case. About the authors: David is a partner in the Saskatoon office where he practices in the areas of civil litigation, administrative law, employment/labour law, and corporate/ commercial law. Profile Picture of Dean StanleyDean is an associate in the Saskatoon office where he focuses on the areas of insurance law, health law, class action defence, and construction law. About McKercher LLP: 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.

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