The Supreme Court's New Labour Trilogy: Momentous Decisions and a Modest Critique
DOI:
https://doi.org/10.21991/C9B685Abstract
In this paper, with a nod to the expositive force of organizing thoughts in triads, I offer three criticisms of the Supreme Court’s recent work re-shaping what the constitutional protection of freedom of association means in the field of labour relations law: (1) it ignores the reasonably clear intent of the drafters of the Charter; (2) it has been inconsistent and unpredictable, producing destabilizing effects; and, (3) it usurps to the judiciary a role in regulating labour relations that is better left to legislators.
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