Alberta Legislation Curtailing The Right To Strike Is Struck Down

In the wake of the Supreme Court of Canada's decision that established a constitutionally protected right to strike, the Alberta Court of Queen's Bench has struck down legislation that prevents certain classes of Alberta workers from exercising that right.

On April 1, 2015, Justice Thomas issued a judgment declaring that sections 96(b) and (c) of the Labour Relations Code and section 70 of the Public Service Employee Relations Act (the "PSERA") are without force and effect as they violate the Charter of Rights and Freedoms.

These sections provide that, amongst others, government employees, employees of hospitals or health authorities, and non-academic employees of universities, colleges, and technical institutes are prohibited from striking.