Overview
In 2015, the Supreme Court of Canada issued three landmark decisions establishing a marked shift in the relationship between the collective bargaining process and the Canadian Charter of Rights and Freedoms. Essentially reversing the position of the 1980s Supreme Court in the original labour trilogy, the Court has adopted an expansive conception of the freedom to associate which includes the right to meaningful collective bargaining and (arguably) the right to strike. The panelists will suggest potential additional consequences for trade unions and employers that may be argued by each party in the future based on these decisions.