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naraburns  nihil supernum  1yr ago (text post)   32065 thread views

Culture War Roundup for the week of October 31, 2022

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I don't think back-to-work legislation would be constitutional anymore. In 2015, Canada's Supreme Court ruled that striking is a constitutional right, a component of collective bargaining which is protected in the charter under the freedom to associate. And Ontario courts struck down the 2012 back-to-work legislation as infringing on the collective bargaining rights of school employees.

So using the notwithstanding clause seems like the only way to actually do this, since I doubt the courts will see janitors as essential as police or w/e (and I never read the full Supreme Court case, so who knows, maybe police and doctors are allowed to strike?).

Since then there have been numerous instances of governments using back-to-work laws. Off the top of my heads the feds used it for Canada Post in 2018 and CP Rail in 2019

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