Savage and Smith argue that the ascendance of neoliberalism in the 1990s forced unions to reconsider their relationships with the courts and governments, and pushed unions back into the legal arena. Three provisions of the Charter are relevant for the contested terrain known as industrial relations. But how did the labour movement, historically hostile to judicial intervention in labour relations, come to embrace Charter-based legal activism as a first line of defense as opposed to a last resort? Smith 2017 Vancouver: University of British Columbia Press, 268 pages. The Supreme Court has not guaranteed workers any particular result. Savage and Smith begin by examining unions in the pre-charter era. Introduction : law, workers, and courts -- Labour rights in the pre-Charter era -- Disorganized labour and the Charter of Rights -- Canadian labour and the first era of Charter challenges -- A legal response to neoliberalism -- The possibilities and limitations of constitutional labour rights -- A new era of constitutional labour rights -- Conclusion : which way forward for labour? The E-mail message field is required.
There was no meaningful consultation with Manitoba labour prior to the enactment of Bill 28, nor was this something the Conservatives campaigned on in the 2016 election. The Charter held out a prospect of redress. Larry Savage and Charles Smith in Unions in Court: Organized Labour and the Charter of Rights and Freedoms provide a lively and illuminating account of the evolution of Canadian labour law, with a particular focus on the various cases adjudicated by the Canadian Supreme Court following the introduction of the Charter. They provide an historical chapter going back to the Nineteenth Century and taking readers through major developments up until the adoption of the Charter. In Unions in Court—Organized Labour and the Charter of Rights and Freedoms, Larry Savage and Charles W.
Despite their lucidity and interest, they allow their subjective engagement to recede in favour of objective reportage. Unions were wary of Courts and judges because of biases against unions, wedded in common law decisions of British judges in the Nineteenth Century. This is a basic assumption of our liberal democratic society. But it makes for some dull pages. Alberta and Saskatchewan still hover around 11. Bill 29, the Health Sector Bargaining Review Act, cuts the number of bargaining units from 183 to seven and thus reduces the number of collective agreements or contracts with employees.
To have not mounted such cases, especially where there was a Charter which apparently protected rights which legislatures wanted to extinguish , would have resulted in the death knell of Canadian unions. Relations industrielles, 72 4 , 814—815. All parts of the book are jointly authored by Savage and Smith, both political science professors at Canadian universities. Now, as union victories begin to pile up, the book takes a step back and identifies political factors hidden in such victories, offering a realistic assessment of the actual state of working people, and suggesting more radical, and potentially more effective, alternatives to the court system. The strength of this book is that it looks at the judicial system in the larger political and social context of which it is a part.
The unions had little choice other than to mount such actions. Section 15: 1 Every individual is equal before and under the law and has the right to the equal protection of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Guest: Charles Smith, Professor at the University of Saskatchewan and co-author of Unions in Court: Organized Labour and the Charter of Rights and Freedoms. Unions in Court: Organized Labour and the Charter of Rights and Freedoms provides a more than useful account of legal developments in Canadian industrial relations. The main weakness in this book, I would argue, is that Savage and Smith reserve their own insights, for the most part, to the introductory and concluding sections. Smith have provided a thorough account of Canadian unions and their evolution from their pre-charter tendency to avoid using the courts to their present-day, somewhat sophisticated, Charter-based legal strategy.
Relations industrielles 72, n o 4 2017 : 814—815. A second struck down Saskatchewan public sector essential services legislation, which effectively prevented union members from striking. Savage and Smith argue that the ascendance of neoliberalism in the 1990s forced unions to reconsider their relationships with the courts and governments, and pushed unions back into the legal arena. It is patterned after similar legislation introduced in Nova Scotia in 2015, which is also the subject of a legal challenge. It should find its way into public, academic, courthouse, and government libraries, and, of course, the collection of any private firm with a labour department.
So, I was pleased to see the publication of a new book by him, and Charles Smith, providing insight on the relationship between the Canadian labour movement and Canada's Charter of Rights and Freedoms. Their account provides a mixture of broader historical, political and legal insights coupled with in depth examinations of respective cases and interactions between unions, employers, governments, regulatory bodies and other interest groups in respective struggles. It included the Charter of Rights and Freedoms. Smith 2017 Vancouver: University of British Columbia Press, 268 pages. He has authored several articles on labour and the law in addition to editing a book on Canadian provincial politics.
But is policing the answer when the majority of altercations occur over fare disputes? In 1987 three Supreme Court decisions, known as the labour trilogy—involving the right to strike, opposition to legislated wage controls, and back to work legislation—went against labour, and the Charter was widely viewed as hostile to collective worker rights. The shadow appears in full colour only in the introductory and concluding sections of the books, where Smith and Savage express their doubts and counter-arguments in their own voices, rather than via quotations by players contemporary with the reported events. Posted on By Ken Fox Unions in Court: Organized Labour and the Charter of Rights and Freedoms. It should find its way into public, academic, courthouse, and government libraries, and, of course, the collection of any private firm with a labour department. Despite obvious sympathies with unions and workers, the authors do not celebrate court victories, but treat them with caution and skepticism.
This book's in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields. When an employer hires a new employee, they meet as equals in contract. Smith 2017 Vancouver: University of British Columbia Press, 268 pages. This book's in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields. No aspect of this blog reflects Equity policy. Relations industrielles, 72 4 , 814—815. It affirmed the constitutional right to engage in bargaining, and to expect respect for provisions bargained.
Smith 2017 Vancouver: University of British Columbia Press, 268 pages. Clearly articulated, this book challenges readers to think about the pros and cons of litigation combined with direct action. With their encyclopedic knowledge of labour history and keen eye for paradox, Savage and Smith never lose sight of the fact that strikes and picket lines are worker inventions, not creations of the legal system, and that the initial reason the law encountered unions was to protect business interests. Back in court, several key successes led to an increasing willingness of unions to consider legal strategies when advocating for the rights of their members. Includes bibliographic references and index.