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…
Tag: Strikes and Lockouts
Saskatchewan Court of Appeal Finds Right to Strike Not Protected by Freedom of Association Guarantee in Charter
A five-member panel of the Saskatchewan Court of Appeal has overturned a lower court decision which had found in part that restrictions on the right to strike in The Public Service Essential Services Act infringed the freedom of association guarantee in section 2(d) of the Canadian Charter of Rights and Freedoms. The Court of Appeal…
Concerted Withdrawal of Voluntary/Extracurricular Activities by Teachers Declared an Unlawful Strike
In a landmark ruling, and after much anticipation, the Ontario Labour Relations Board (“OLRB”) has finally rendered its decision in the longstanding debate about whether the withdrawal, in combination or in concert, of participation in voluntary extracurricular activities by teachers constitutes a “strike” within the meaning of the Education Act. In this FTR Now, we…
Michael Hines Mentioned in The Globe and Mail
Hicks Morley’s Michael Hines was mentioned in the April 11, 2013 edition of The Globe and Mail in an article entitled, “Ontario teachers’ union call to halt voluntary activities was illegal strike action: labour board.“ The article discusses a recent decision by the Ontario Labour Relations Board where it was decided that the Elementary Teachers’…
OLRB: Withdrawal of Extracurricular Activities Constitutes an Unlawful Strike
Today, the Ontario Labour Relations Board (“OLRB”) rendered Trillium Lakelands District School Board and Upper Canada District School Board v. Elementary Teachers’ Federation of Ontario, a significant decision in which it found the withdrawal of extracurricular activities by the Elementary Teachers’ Federation of Ontario (“ETFO”) constituted an unlawful strike according to the definition set out…
International Employment Lawyer Newsletter Publishes an Article by Michael Hines
An article by Hicks Morley’s Michael Hines was published in the September edition of International Employment Lawyer Newsletter. In the article entitled, “Canada – Freedom of Association under the Charter: Snake or Tree?“, Michael discusses recent contradictory judicial decisions concerning the “right to strike” asserted under section 2(d) of the Charter as interpreted by the…
2012 Spring Edition
FOCUS ON ADMINISTRATIVE LAW Judicial review – different litigation, different strategies LEGAL DEVELOPMENTS Is your business ready for a labour disruption? Standards for judicial review continue to evolve PROFILE Litigation in the fast lane Download PDF
Craig Rix Quoted in The Globe and Mail
Hicks Morley’s Craig Rix was quoted in the January 7, 2012 edition of The Globe and Mail. In an article entitled “Bracing for trouble on the picket line“, Craig comments on this year’s picket-line battles suggesting that employers are going to be using hard bargaining, including potential lockouts, to make gains. View Article