The Right to Strike: Charter Implications and Interpretations

LILY HARMER

ABSTRACT

The Supreme Court of Canada has concluded that the freedom of association encompassed by s. 2(d) of the Canadian Charter of Rights and Freedoms is restricted to only that associational activity which can be pursued by an individual alone. This article contrasts this view with a more collective view of association by examining both the majority and dissenting opinions in the right to strike trilogy. The author argues that the collective ability to strike is fundamental to the rights of working people in the current context of Canadian labour relations. By furthering the values of autonomy, dignity and self-respect, it is contended that the right to strike thus warrants constitutional protection.

The analysis is then extended to consider the implications of a more collective approach to Charter jurisprudence in general. The author concludes that the Charter invites consideration of certain collective activities as warranting constitutional protection, and provides the tools to allow Canadian courts to effectively and creatively manage the tension between individual and collective rights.

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Citation: (1989) 47(2) U.T. Fac. L. Rev. 420.
Copyright © 1989. University of Toronto Faculty of Law Review.
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