The SCC Monitor (09/02/2015)

The Supreme Court of Canada recently released several judgments that are of interest to Canadian businesses and professions.

In Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, a majority of the Supreme Court upheld the right to strike pursuant to the s. 2(d) freedom of association right under the Canadian Charter of Rights and Freedoms (the "Charter"). It consequently found that The Public Service Essential Services Act, which contained an absolute ban on the right to strike for "essential services employees" was unconstitutional. In its ruling, the majority underscored the importance of the right to strike in promoting equality in labour bargaining processes. This case sends a strong message to policy makers throughout Canada that any legislation limiting the right to strike will come under careful Charter scrutiny by the courts.