Judicial Development of Collective Labour Rights - Contextually
Canadian Labour & Employment Law Journal, 2010
11 Pages Posted: 8 Feb 2010 Last revised: 15 Apr 2015
Date Written: February 8, 2010
This paper is part of a symposium on whether there is (and should be) a constitutional right to strike in Canada. It is argued that recent decisions of the Supreme Court of Canada, in which collective labour rights have been developed judicially, are justified because they are based on a contextual interpretation of the constitution, which takes into account changing realities of the labour market, that necessitate stronger protection to employee and union interests. Examples from Israel are used to support the argument.
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