The SCC Reimagines Freedom of Association in 2015
After reviewing the evolution of the Court’s approach to freedom of association (though excluding the Court’s discussion of the corollary freedom not to associate), this paper reviews the Supreme Court of Canada’s 2015 cases on freedom of association, also known as the 2015 Labour Trilogy, and discusses their implications: Mounted Police Association of Ontario v Canada (AG) addressing the right to join a union; Meredith v Canada (AG) addressing legislation overriding predetermined wage increases; and Saskatchewan Federation of Labour v Saskatchewan addressing the right to strike.
The paper then discusses how the 2015 Labour Trilogy reinvigorated the values underlying the Canadian Charter of Rights and Freedoms and how it applies to strikes not directly relative to collective bargaining.
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