Canadian Business Wire

The Supreme Court of Canada has decided that collective bargaining rights of workers are protected by the 1982 Charter of Rights and Freedoms. They also found that collective bargaining rights are a fundamental aspect of Canadian society that predate the Charter.

This decision comes after a 6-1 ruling stemming from a 2002 case in British Columbia where the Liberal government of premier Gordon Campbell effectively cancelled the contracts of thousands of health care workers. This resulted in the layoffs of hundreds of workers outside the normal collective bargaining process.

The Supreme court has ruled that the B.C. Liberal party and their legislation violated a standing section of the Canadian Charter of Rights and Freedoms. The violation was over Section 2 of the Charter which protects Canadians and their freedom of association. The Supreme Court also went on to reject earlier Supreme Court decisions that excluded collective bargaining from the Charter's protection saying those decisions do not withstand principled scrutiny.

Chief Justice Beverley McLachlin and Justice Louis Lebel wrote in the majority court decision, "We conclude that Section 2(d) of the Charter protects the capacity of members of labour unions to engage, in association, in collective bargaining on fundamental workplace issues."

The Supreme Court of Canada further noted: "Recognizing that workers have the right to bargain collectively as part of their freedom to associate reaffirms, enhances and promotes the values of dignity, personal autonomy, equality and democracy that are inherent in the Charter."

The ruling also made a notable link between Canadian rights protected by the Charter and those in international treaties signed by Canada as a member of the United Nations (UN) and International Labour Organization (ILO).

"The Charter should be presumed to provide at least as great a level of protection as is found in the international human rights documents that Canada has ratified," the justices declared.

"It is a tremendous victory for workers across Canada because it applies not only to British Columbia but to all governments at all levels. As a result we now expect governments everywhere to abide by both the letter and spirit of this ruling," said James Clancy, president of the 340,000-member National Union of Public and General Employees.