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The Law of Work
Law of Work Archive

Canadian Civil Liberties Associations Condemns Back to Work Legislation

by David Doorey June 21, 2011
written by David Doorey June 21, 2011

The Canadian Civil Liberties Association has asked the Federal government to reconsider its approach to labour relations during these early days of the majority government.
The CCLA argues that the government’s quick-trigger back to work legislation in both the Air Canada and Canada Post bargaining disputes displays a lack of respect for the Charter of Rights and Freedoms, which protects freedom of association and a right to collective bargaining.
The possibility of a Charter challenge being brought against Bill C-6 is lurking in the background of the Canada Post dispute.  The imposition of wages in the Bill and the fact that the Bill confers the selection of arbitrator on the government rather than the parties are among the issues raised in the Bill that could have Charter implications, beyond the more general haste in which the legislation was passed.
Do you think that Bill C-6 violates the Charter’s protection of freedom of association in the post Fraser world?

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David Doorey

Professor Doorey is a Full Professor of Work Law and Labour 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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