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Unlike the U.S., the threat of Right to Work (RTW) laws taking hold in Canadian provinces has been severely undercut by the Supreme Court of Canada’s landmark decision in June 2007 (Health Services and Support – Facilities Subsector Bargaining Assn. v. British Columbia), which declared that meaningful collective bargaining was a right protected by the Canadian Charter of Rights and Freedoms.
In extending Charter protection to collective bargaining, the Court overturned its own precedents of the previous two decades that held that the right to bargain was not a “fundamental freedom” encompassed within the guarantee of freedom of association.
Despite the Court’s recent reversal, however, IU Acting Regional Director – Canada Craig Strudwick noted, “It’s important not to underestimate the resolve of anti-union forces to challenge or try and find a way around this decision.”