Ten years ago on January 30, 2015, the Supreme Court of Canada delivered a historic 5-2 decision in Saskatchewan Federation of Labour v. Saskatchewan. The Court ruled that the right to strike is constitutionally protected under Section 2(d) of the Charter.
Key points from the ruling:
• The right to strike is essential to meaningful collective bargaining, as it provides workers with leverage to negotiate with employers.
• By denying public-sector workers the right to strike without offering alternatives like binding arbitration, the Public Service Essential Services Act (PSESA) violated their constitutional rights.
• The decision marked a significant expansion of workers’ rights in Canada, affirming that freedom of association includes the right to collective action.
Congratulations to the Saskatchewan Federation of Labour (SFL) for playing a key role in the fight that led to the recognition of the constitutional right to strike for Canadian workers!
