For some time, I’ve struggled teaching the Charter to undergraduate students new to the law. The courts’ application of the Charter to labour and employment law is exceptionally complex. Brian Langille has correctly called this law “a mess”. Even seasoned lawyers have difficult trying to sort it all out. Now imagine teaching this stuff to a student with no legal training whatsoever!
Part of the challenge is that there is no decent writing that I have found that targets a non-lawyer audience in an attempt to explain how Freedom of Association (Section 2(d)), Freedom of Expression (Section 2(b)), and Equality rights (Section 15) have been applied to workplace law issues. If there is work like this that you are aware, please let me know.
In the meantime, I have take a shot at it myself. I have posted a version of a short, informal paper I wrote called The Charter of Rights and Freedoms and Workplace Law: A Guide for Beginners on my SSRN site.
You can download for free here (Click “One-Click Download” at the top).
I welcome comments about how I could improve this or (gasp) pointing out any errors I may have made.
Doorey's Beginners' Guide to the Charter and Workplace Law
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