(Download) "Enter Stage Right: Players and Roles in a Post-B.C. Health Services World (Unblj Forum: Recent Developments in Canadian Labour and Employment Law)" by University of New Brunswick Law Journal " Book PDF Kindle ePub Free
eBook details
- Title: Enter Stage Right: Players and Roles in a Post-B.C. Health Services World (Unblj Forum: Recent Developments in Canadian Labour and Employment Law)
- Author : University of New Brunswick Law Journal
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 324 KB
Description
When the Supreme Court of Canada issued its decision in Health Services and Support Facilities Subsector Bargaining Association v. British Columbia in June of 2007, the Canadian labour relations world was taken by surprise. (1) Most participants in collective bargaining relationships and commentators on labour issues had assumed that the Court had articulated its basic approach to the associational rights protected in the Canadian Charter of Rights and Freedoms in the labour trilogy of the 1980s. (2) It seemed unlikely that, a scant twenty years later, the Court would readily alter such a foundational statement on the nature and scope of Charter rights. The trilogy had itself disappointed many who had hoped the Charter would be a useful vehicle for trade unions and their members to assert their rights. The Court seemed reluctant to draw on international instruments which characterized the activities of employees through their trade unions in human rights language. In addition, the Court analogized the rights attached to trade unions with those associated with other kinds of voluntary organizations--a process famously captured by Harry Arthurs in his trenchant expression "the right to golf." (3) Supporters of collective bargaining perhaps naturally concluded that the opportunities apparently offered by the wording of section 2(d) had been definitively foreclosed by the decisions in the trilogy.