LEEL 369 Lecture Notes - Lecture 23: Michel Bastarache
4 Aug 2019
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Document Summary
Post-cliche commission regime: features: centralized collective bargaining, separation of negotiation, through the 5 representative union groups & employers" association. Act respecting labour relations, vocational training, and manpower management in the construction industry (r-20): province-wide, multi-trade negotiations, mandatory certification, conditions apply to the whole industry, sector-based collective agreements, recognition of trade union pluralism. Challenges of representation: how much exit & entry is there into the regime, women are significantly underrepresented. Majority (lebel, gonthier, arbour): there is a freedom not to associate, but it is not breached under s. 2(d); in any case, the legislation would have been saved under s. 1. Dissent (bastarache, mclachlin, mahor, binnie): there is a freedom not to associate; s. 2(d) is breached; the legislation is not saved under s. 1. Iacobobucci: there is a freedom not to associate; there is a s. 2(d) breach, but it"s saved under s. 1 (sides with the majority) 8/9 agree that there is a freedom not to associate.
