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CANADA CAN. 1

CANADA CAN. 1 Provincial legislation prohibiting strikes and lockouts and providing for arbitration — Freedom of association — Constitutional Charter of Rights HEADNOTES Facts This is an appeal from an advisory opinion given by the Court of Appeal of Alberta to the government of that province, pursuant to the relevant Judicature Act. The questions to be answered by the Court related to the Constitutional validity of different provisions of three statutes of the province of Alberta, namely the Public Service Employee Relations Act, the Labour Relations Act and the Police Officers Collective Bargaining Act. Were the resulting prohibitions of strikes and imposition of compulsory arbitration to resolve impasses in collective bargaining consistent with the Canadian Charter of Rights and Freedoms, contained in the Constitution Act, 1982? Did different provisions of these acts pertaining to the conduct of arbitration, limiting the arbitrability of certain items and requiring the arbitration board to take into account certain factors in making the award also comply with the Charter? Answering these questions involved deciding, first, the fundamental issue as to whether the recourse to strike action came within the purview of 'freedom of association', guaranteed by S.2 (d) of the constitutional charter. An affirmative answer would http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

CANADA CAN. 1

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160287X00119
Publisher site
See Article on Publisher Site

Abstract

Provincial legislation prohibiting strikes and lockouts and providing for arbitration — Freedom of association — Constitutional Charter of Rights HEADNOTES Facts This is an appeal from an advisory opinion given by the Court of Appeal of Alberta to the government of that province, pursuant to the relevant Judicature Act. The questions to be answered by the Court related to the Constitutional validity of different provisions of three statutes of the province of Alberta, namely the Public Service Employee Relations Act, the Labour Relations Act and the Police Officers Collective Bargaining Act. Were the resulting prohibitions of strikes and imposition of compulsory arbitration to resolve impasses in collective bargaining consistent with the Canadian Charter of Rights and Freedoms, contained in the Constitution Act, 1982? Did different provisions of these acts pertaining to the conduct of arbitration, limiting the arbitrability of certain items and requiring the arbitration board to take into account certain factors in making the award also comply with the Charter? Answering these questions involved deciding, first, the fundamental issue as to whether the recourse to strike action came within the purview of 'freedom of association', guaranteed by S.2 (d) of the constitutional charter. An affirmative answer would

Journal

International Labour Law Reports Online – Brill

Published: Jan 1, 1986

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