unions Archives - LawNow Magazine

Canadian Unions: From Repression and Resistance to the Right to Strike

The history of Canadian unions is a long and storied one. The Canadian labour movement of the  past was a fusion of many disparate groups, often at odds with one another. For many years, the law was inhospitable to unions, with the balance tilted in favour of employers and government. Since the mid-twentieth century, trade […]

Authors:

Paul Maas
Paul Maas is a law student at the University of Alberta in Edmonton, Alberta. This article was produced as a project in the Pro Bono Students Canada program.
 

Owen Le Blanc
Owen Leblanc is a law student at the University of Alberta in Edmonton, Alberta. This article was produced as a project in the Pro Bono Students Canada program.
 

Essential Services and the Right to Strike

On January 30, 2015, the Supreme Court of Canada decided Saskatchewan Federation of Labour v Saskatchewan (“SFL”). In a 5-2 decision, the Court determined that the Public Service Essential Services Act (“PSESA”), in restricting certain public sector workers’ rights to strike, violated freedom of association rights under section 2(d) of the Canadian Charter of Rights […]

Authors:

Matt Gordon
Matt Gordon is a student in the faculty of law at the University of Alberta and a member of Pro Bono Students Canada. (2014)
 

The Duty of Unions to Fairly Represent Their Members

Introduction About one-third of all Canadian workers, and most public sector employees, are members of unions, sometimes by choice and sometimes by legislation.  Unions offer greater collective power than an individual generally can marshal for the negotiation and administration of collective agreements.  Unionized employees surrender to the union the right to negotiate and contend on […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Stephen Moore
Stephen Moore recently earned a B.Comm. at the Haskayne School of Business. (2014)
 

Freedom of Association and Collective Bargaining: Are There Justifiable Limits?

For several years, public service employees have been restricted in their right to strike, in order to preserve their “essential” services. However, some argue that recent changes to Alberta’s public service labour legislation unjustifiably interfere with several rights under the Canadian Charter of Rights and Freedoms (“Charter”)— particularly freedom of association. Alberta’s Public Service Employee […]

Authors:

Linda McKay-Panos
Linda McKay-Panos, BEd, JD, LLM, is the Executive Director of the Alberta Civil Liberties Research Centre in Calgary, Alberta.
 


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