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Freedom to Strike in Canada: A Brief Legal History

Fudge, Judy (2010) Freedom to Strike in Canada: A Brief Legal History. Canadian Labour and Employment Law Journal, 15 (2). pp. 333-354. ISSN 1196-7889. (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) (KAR id:35349)

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)

Abstract

This paper looks at the "deep roots" of striking as a social prac-

history of the right to strike, and then sketching the contours of that his-

gain collectively, and to strike - the authors trace the jural relations

regimes of industrial legality in Canada: master and servant; liberal

marked by the adoption of the Wagner Act model. On the basis of their

scheme, workers enjoyed a virtually unlimited freedom to strike for col-

on the freedom have increased significantly, especially under industrial

ing trade-offs, including rights enforceable against their employers.

have with growing frequency been subjected to "exceptionalism," i.e. the

rights. In the authors'view, it is the imposition of such measures that will

Charter of Rights and Freedoms protects the right to strike.

Item Type: Article
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: D.A. Clark
Date Deposited: 02 Oct 2013 09:40 UTC
Last Modified: 16 Feb 2021 12:47 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/35349 (The current URI for this page, for reference purposes)
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