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The Law of Work
Charter of Rights and FreedomsScholarshipSupreme Court of CanadaUnions and Collective Bargaining

Prof. Doorey’s Updated Beginners’ Guide to the Charter and Work Law

by David Doorey February 1, 2021
written by David Doorey February 1, 2021

Nearly a decade ago, I posted a plain language guide to the Charter of Rights and Freedoms and the Law of Work for Beginners on my SSRN website, a public website that hosts downloadable academic papers.  A LOT has changed since I first wrote the article, to the point that the piece wasn’t very useful any longer except as a sort of historical snapshot.
However, spurred on by a lot of comments over the years from law students about how the piece helped them a lot in understanding what they were learning in class, I have finally got around to updating it.  The latest version is updated to January 2021 and considers freedom of association, freedom of expression, and equality rights as those parts of the Charter have influenced labour and employment law in Canada.  Hope it’s useful.

You can download the piece now at this webpage:

David Doorey, “The Charter of Rights and Freedoms and the Law of Work: A Guide for Beginners”

Here is the Abstract:

This short essay explains in plain language how the Supreme Court of Canada has interpreted and applied the Canadian Charter of Rights and Freedoms to the law of work. It is intended as an introduction to this complex legal field for an audience unfamiliar with the Charter. Beginning with an overview of the Charter review process, the paper then examines the Court’s application to work law of Section 2(d) freedom of association, Section 2(b) freedom of expression, and Section 15 equality rights. The paper summarizes the law as of January 2021.

 

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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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David J. Doorey🇨🇦Follow

Law Prof. Talking #labor & #employment #law to the masses. Alpaca ❤️ @YorkUniversity @OsgoodeNews @LSELaw @LWPHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

David J. Doorey🇨🇦
TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
14h

Well, more gravy for employment lawyers to keep arguing this silly point.

The court deciding not to dispose of the main issue everyone wants clarified is one of those matters that is impossible to explain to a non-lawyer. Contrary to normal common sense.

Sean Bawden@SeanBawden

@TheLawofWork Decides not to answer the question everyone wanted it to answer. Resolves appeal on basis of appropriateness using R. 21 to bring motion before the ONSC.

Boo.

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TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
14h

What did OCA decide? I was doing this instead.

Link to decision?

Sean Bawden@SeanBawden

The ONCA's decision in Taylor today is like scratching a lottery ticket that proclaims "winner every time," only to reveal "try again."

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TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
19h

This should be an interesting program, joint program in #climate and #labour offered by U of Toronto and U of Montreal through @CRIMT2013

I’ll be speaking in Toronto on just transitions and the law. Still time to register.

http://www.crimt.net/en/eess2022_programme/

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