In our blog post of February 18, 2014, “British Columbia Supreme Court Awards $2 Million in Damages for Freedom of Association Violation,” we reported that the B.C. Supreme Court declared Bill 22, legislation relating to teachers’ collective bargaining rights, unconstitutional. The Court concluded that this legislation was “essentially identical” to earlier legislation (Bill 28) that…
Tag: Canadian Charter of Rights and Freedoms
Finding of Charter violation leads to $2 million award against the B.C. government
In British Columbia Teachers’ Federation v. British Columbia, the B.C. Supreme Court awarded $2 million in damages against the B.C. Government for its violation of the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter“). The British Columbia Teachers’ Federation (“BCTF”) successfully argued that legislation enacted by…
Privacy Rights vs. Union’s Duty to Represent its Membership: The Bernard Case Concludes
The Supreme Court of Canada dismissed the appeal in Bernard v. Canada (Attorney General), thus ending the “legal odyssey” of an employee who did not want her personal information disclosed to the unions which she declined to join during her years of employment with the federal government, but to which she was mandatorily obligated to…
British Columbia Supreme Court Awards $2 Million in Damages for Freedom of Association Violation
Last month, the British Columbia Supreme Court (“BCSC” or “Court”) released the latest in a series of cases dealing with collective bargaining and the right to freedom of association as guaranteed by section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter“). This 683-paragraph decision follows a previous decision of the BCSC dated April…
Supreme Court of Canada Declares Privacy Legislation Invalid for Infringing Union’s Expressive Rights
Today, the Supreme Court of Canada rendered a significant decision in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401. The unanimous Court held that the Alberta Personal Information Protection Act (“PIPA”) infringes a union’s right of expression under section 2(b) of the Canadian Charter of Rights and Freedoms (“Charter“). In…
Privacy Rights and A Union’s Duty to Represent its Membership
Last week, a case that has significant labour relations and privacy implications was argued before the Supreme Court of Canada. At issue in Bernard v. Canada (Attorney General) is the appropriate balance between an individual’s privacy rights and a union’s right, and duty, to represent its membership. In other words, what employee personal information is…
Supreme Court of Canada To Hear “Right to Strike” Case
In a case that will be eagerly anticipated by the labour relations community, the Supreme Court of Canada has granted leave to appeal from a decision of the Saskatchewan Court of Appeal which found that the “right to strike” is not constitutionally protected. Courts have been grappling with the extent of the constitutional protection for…
Hicks Morley Cited in Canadian Civil Liberties Association Rights Watch Blog
Hicks Morley’s FTR Now entitled “No Charter-Protected Right to Strike Says Saskatchewan Court of Appeal” was cited in the October 17, 2013 edition of Canadian Civil Liberties Association Rights Watch blog in an article entitled “Supreme Court of Canada to Decide on the Right to Strike“. Hicks Morley’s Paul Broad authored this FTR Now, which…
Supreme Court of Canada to Determine Whether Charter Protects Right to Strike
The Supreme Court of Canada will decide whether the Canadian Charter of Rights and Freedoms (the “Charter”) guarantees the right to strike for unions and their members. Earlier this year, the Saskatchewan Court of Appeal found that the Charter does not protect the right to strike. A substantial component of the Court of Appeal’s decision…
No Charter-Protected Right to Strike Says Saskatchewan Court Of Appeal
In a much-anticipated decision – Government of Saskatchewan v. Saskatchewan Federation of Labour, 2013 SKCA 43 – a five-member panel of the Saskatchewan Court of Appeal has found that the Canadian Charter of Rights and Freedoms (the “Charter“) does not guarantee a right to strike for unions and their members. Rather, the Court found that…