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The Supreme Court of Canada and the Right to Bargain Collectively: The implications of the health services and support case in Canada and beyond

Fudge, Judy (2008) The Supreme Court of Canada and the Right to Bargain Collectively: The implications of the health services and support case in Canada and beyond. Industrial Law Journal, 37 (1). pp. 25-48. ISSN 1464-3669. (doi:10.1093/indlaw/dwm038) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)
Official URL
http://dx.doi.org/10.1093/indlaw/dwm038

Abstract

In June 2007, the Supreme Court of Canada expressly overruled 20 years of jurisprudence that interpreted the freedom of association as excluding collective bargaining. This aboutface by the Supreme Court was unexpected. What gave rise to this remarkable decision and what does it portend for the role of the courts in labour relations in Canada and beyond? The recent successes before courts have led some observers to suggest that it may now be a propitious time for a coordinated and proactive litigation strategy to vindicate labour’s collective rights. This article offers some preliminary answers to these broader questions and issues by focussing on the Supreme Court’s decision in the Health Services and Support case.

Item Type: Article
DOI/Identification number: 10.1093/indlaw/dwm038
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: D.A. Clark
Date Deposited: 20 Sep 2013 11:03 UTC
Last Modified: 06 Jun 2019 11:32 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/35279 (The current URI for this page, for reference purposes)
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