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Brian Langille on the Distinction Between Rights and Freedoms

by David Doorey March 8, 2012
written by David Doorey March 8, 2012

In an entry earlier this week, I posted a new article by Professors Ewing and Bogg discussing “freedom of association” and expressing concern about the direction of the Canadian Supreme Court’s interpretation of it in Ontario v. Fraser.   As I noted, much of that paper is devoted to challenging what the authors call the ‘thin’  interpretation of ‘freedom of association’, which they associate with Professor Brian Langille and Justice Rothstein.
Brian Langille has sent along to me an article soon to be published in the Dalhousie Law Journal in which he explains why he believes the distinction between “rights” and “freedoms” is so important, and what import this has for labour law and the Charter.
Here is Brian’s Dalhousie Law Journal piece
The article is the content of a keynote speech by Brian in honour of Innis Christie, and is not a response to Ewing & Bogg.   Brian hasn’t read their paper yet, but this speech by Brian does set out the framework of Brian’s position that was critiqued in the Ewing/Bogg piece.  A very interesting and complex discussion by some of the world’s leading labour law minds.

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

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TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
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Any labour lawyers out there concerned about a Minister acting on behalf of employer in bargaining publicly chastising the union for considering a strike vote and telling the union it “needs to” not take a strike vote?

Unlawful interference with administration of a union?

Stephen Lecce@Sflecce

My message to parents is clear: this government will do whatever it takes to ensure your kids return to normal and stable classrooms. Full stop.

@CUPEOntario needs to immediately halt this march to a potential strike in September and focus on keeping kids in class. https://twitter.com/ColinDMello/status/1557749185453113344

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“There’s nothing new about burnt out employees deciding not to kill themselves by working more and more… just now we HR folks decided to give it a cute name and call it a ‘trend’”.

That’s basically what this article says. Lol. https://www.hcamag.com/ca/specialization/employee-engagement/quiet-quitting-the-toxic-employee-trend-thats-worrying-hr/416526

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TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
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My latest post, on why school support workers should absolutely vote to strike. That is what the legal model expects them to do!

"Beware Ontario School Support Workers ... We've Seen this Ford Show Before"

https://lawofwork.ca/beware-ontario-school-support-workers-weve-seen-this-ford-show-before/

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Updated: Ontario school support staff to consider strike vote - a move Edu Min calls “regrettable” https://www.thestar.com/politics/provincial/2022/08/11/ontario-school-support-staff-to-consider-strike-vote.html via @torontostar #onted #onpoli

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