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Full-Text Articles in Law
The Stubborn Persistence Of The Lawyer Exemption In Canadian Collective Bargaining Legislation, David J. Doorey
The Stubborn Persistence Of The Lawyer Exemption In Canadian Collective Bargaining Legislation, David J. Doorey
Dalhousie Law Journal
In 1948, the Canadian government introduced transformative collective bargaining legislation that would serve as a template for provincial labour law in the postwar period. However, some employees were excluded entirely from this legislation, including employees in five professions, law among them. By the 1970s, the federal government and most provinces had repealed the professional exclusion from the primary collective bargaining legislation. However, four jurisdictions—Ontario, Alberta, Nova Scotia, and Prince Edward Island (Exclusionary Provinces)—have stubbornly preserved the exclusion. This essay traces the history and justifications proffered for the lawyer exclusion from Canadian collective bargaining legislation from the 1940s to present day. …
Collective Bargaining In The Shadow Of The Charter Cathedral: Union Strategies In A Post B.C. Health World, Michael Macneil
Collective Bargaining In The Shadow Of The Charter Cathedral: Union Strategies In A Post B.C. Health World, Michael Macneil
Dalhousie Law Journal
For the first twenty-five years after the Canadian Charter of Rights and Freedoms was enacted, it appeared that it would have little impact on Canadian labour laws. The Supreme Court of Canada took the view that the guarantee of freedom of association in the Charter did not include a right to strike and did notprovide protection for collective bargaining. Common law rules regulating picketing did not come within the scope of the Charter's rules on freedom of expression. Academic commentators were divided on whether this was a good or a bad thing, some espousing the hope that the Charter could …
Non-Majority Union Representation Conforms To Ilo Freedom Of Association Principles And (Potentially) Promotes Inter-Union Collaboration: New Zealand Lessons For Canada, Mark Harcourt, Helen Lam
Non-Majority Union Representation Conforms To Ilo Freedom Of Association Principles And (Potentially) Promotes Inter-Union Collaboration: New Zealand Lessons For Canada, Mark Harcourt, Helen Lam
Dalhousie Law Journal
North American union certification violates workers' freedom of association, a fundamental human right well established by the International Labour Organization (ILO); by denying workers the right to be represented when a majority of their co-workers does not favour a union. In Canada, the Supreme Court has drawn on ILO standards to recognize a constitutional right to bargain collectively and organize as part of freedom of association under section 2(d) of the Charter of Rights and Freedoms. However, such recognition of the ILO principles has, as yet, to translate into legislation that would provide non-exclusive, non-majority union representation, at least in …
Why The Right-Freedom Distinction Matters To Labour Lawyers-And To All Canadians, Brian Langille
Why The Right-Freedom Distinction Matters To Labour Lawyers-And To All Canadians, Brian Langille
Dalhousie Law Journal
This lecture is about very basic legal ideas such as rights, freedoms, and the distinction between them. It makes the argument that clear thinking about these basic ideas is required and that when these ideas are neglected we have a recipe for real legal confusion. More than that, a failure to attend to these basic concepts and their relationship can produce, as it has in recent Supreme Court of Canada Charter cases on "Freedom of Association," a real threat to the fundamental freedoms of all Canadians