Reference Re Public Service Employee Relations Act, Labour Relations Act and Police Officers Collective Bargaining Act

Abstract

Human rights — Freedom of association — Constitutional protection — Provincial statutes prohibiting lockouts and strikes in public service and providing for compulsory arbitration — Whether amounting to denial of freedom of association — Whether limits reasonably and demonstrably justified in a free and democratic society — ILO Convention (No 87) Concerning Freedom of Association and Protection of the Right to Organize, 1948 — International Covenant on Civil and Political Rights, 1966, Article 22 — International Covenant on Economic, Social and Cultural Rights, 1966, Article 8 — Universal Declaration of Human Rights, 1948 — Canadian Charter of Rights and Freedoms 1982

Treaties — Obligation of States — Human rights — Provincial statutes prohibiting lockouts and strikes in public service — Whether statutes violate Canada’s international legal obligations — International conventions and declarations — ILO Convention (No 87) Concerning Freedom of Association and Protection of the Right to Organize, 1948 — International Covenant on Civil and Political Rights, 1966, Article 22 — International Covenant on Economic, Social and Cultural Rights, 1966, Article 8 — Universal Declaration of Human Rights, 1948 — Aid in interpretation of provisions of the Canadian Charter of Rights and Freedoms, 1982 — Whether freedom of association including the right to strike — Whether limits imposed by statutes justified — The law of Canada