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The Supreme Court of Canada and the Right to Bargain Collectively: The Implications of the Health Services Support Case and Beyond

Fudge, Judy (2008) The Supreme Court of Canada and the Right to Bargain Collectively: The Implications of the Health Services Support Case and Beyond. In: Industrial Law Journal. 37 (1). pp. 25-48. Oxford University Press (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) (KAR id:35386)

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 about-face 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. © Industrial Law Society; all rights reserved.

Item Type: Conference or workshop item (Speech)
DOI/Identification number: 10.1093/indlaw/dwm038
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: 04 Oct 2013 09:11 UTC
Last Modified: 16 Feb 2021 12:47 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/35386 (The current URI for this page, for reference purposes)
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