LEEL 369 Lecture Notes - Lecture 20: Social Philosophy, International Covenant On Civil And Political Rights, First Amendment To The United States Constitution
4 Aug 2019
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The relationship between freedom of association and collective bargaining policy in canada. *freedom of association trilogy: alberta reference, psac v canada, locals v. Saskatchewan: early experiences of constitutionalization of freedom of association. Bill of rights: included freedom of association (?) Ref re public service employee relations act (alta), 1987: Majority decision: ledain, joined by beetz & laforest. Defines many things in labour law, like strike at p 328. Police, hospital, public records unions (all public employees - a constitutional case) Legislation: asserts limits on labour arbitration processes, in the context of collective bargaining. Charter: affirms the right to strike, but doesn"t define it. Approaches 5&6 are rejected automatically would grant rights that even individuals do not have. The state can prohibit everyone from engaging in an activity; freedom of association would not permit such prohibited activity by virtue of being in a group. Freedom of association the cornerstone of modern labour relations.
