The “right to strike” has now been determined to be a fundamental right protected by the Charter of Rights and Freedoms by the Supreme Court of Canada.
On January 30, 2015, the Supreme Court of Canada determined that the right to strike is a fundamental right that is protected by the Charter of Rights and Freedoms.
The 5:2 Majority had the following to say about the right to strike:
The right to strike is an essential part of a meaningful collective bargaining process in our system of labour relations. The right to strike is not merely derivative of collective bargaining, it is an indispensable component of that right. Where good faith negotiations break down, the ability to engage in the collective withdrawal of services is a necessary component of the process through which workers can continue to participate meaningfully in the pursuit of their collective workplace goals. This crucial role in collective bargaining is why the right to strike is constitutionally protected by s. 2(d).
Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4
The full decision can be read at http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14610/index.do
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