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Saskatchewan Appeals Ruling Finding Charter Protects Right to Strike

by David Doorey March 5, 2012
written by David Doorey March 5, 2012

It is no surprise at all that the Saskatchewan government exercised today its right to appeal the decision of Justice Ball issues last month.  The government had until today to file the notice of appeal.
Here is the Notice of Appeal.  I will have to check if the unions are cross-appealing the second part of the ruling, which found amendments to the Trade Union Act were not a violation of Section 2(d).  Anyone know?
As I summarized earlier, Ball J. ruled that Section 2(d) of the Charter (“freedom of association”) protects a right to strike, and that the government’s very restrictive essential services legislation violated that right, and that the violation was not ‘saved’ by Section 1.
Onward and upward on the question of whether workers in fact have the Constitutional right to strike, which the Canadian government promised to protect when it ratified ILO Convention 87 many years ago.

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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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Old law school friend now works as a lawyer in the Office of the JAG. She is doing basic training, getting crazy fit. I wasn’t aware these lawyers must basically go thru basic training.

Imagine if there was a fitness test for labour and employment lawyers?

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You’ve seen this article?

Adrienne Cuoto, ‘Clothing Exotic Dancers with Collective Bargaining Rights’, 2006 38-1 Ottawa Law Review 37, 2006 CanLIIDocs 63, <https://canlii.ca/t/2913>

ryan white@ryandwhite12

One of my COVID projects has been working on a history of the Canadian Association of Burlesque Entertainers, the only case I am aware of in which dancers sought unionization in Canada - so I will be watching this carefully (it is rare and exciting) https://twitter.com/grimkim/status/1559995539999031297

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