In a decision released on November 17, 2008, the Ontario Court of Appeal considered the scope of the constitutional right of employees to collectively bargain. The Court found that, at a minimum, the right consists of: a statutory duty to bargain in good faith; statutory recognition of the principles of exclusivity and majoritarianism; and a…
Tag: Canadian Charter of Rights and Freedoms
Supreme Court Speaks on School Searches
On April 25th the Supreme Court of Canada issued a much anticipated decision concerning a sniffer dog search of a high school that led to drug related charges against a student. A 6-3 majority of the Court held that the police violated the student’s Charter right to be free from unreasonable search and seizure and…
Supreme Court Extends Constitutional Protection to Collective Bargaining Process
IN THIS ISSUE: Introduction The Factual Context: The Health and Social Services Delivery Improvement Act Collective Bargaining Protected by the Charter The Test for “Substantial Interference” The Majority’s Conclusions Justice Deschamps’ Partial Dissent Concluding Comments INTRODUCTION On June 8, 2007, the Supreme Court of Canada issued a ground-breaking decision in Health Services and Support –…