Back-to-Work Legislation Justified Under Section 1 of the Charter, Ontario Court of Appeal Holds in Landmark Decisions

The Ontario Court of Appeal has, for the first time, considered the constitutionality of back to work legislation under the Canadian Charter of Rights and Freedoms (Charter). As Canadian courts have previously recognized, section 2(d) of the Charter protects the rights of workers to advance their workplace goals through a collective bargaining process and to…