Human Rights SCC New Labour Trilogy New Labour Trilogy MPAO Right to Organize

Human Rights – SCC - New Labour Trilogy New Labour Trilogy • MPAO – Right to Organize • Meredith – Right to Bargain • SFL – Right to Strike LABR 1260 - The Charter & Human Rights 54

Human Rights – New Labour Trilogy Mounted Police Association of Ontario (2015) – Right to Organize • RCMP’s staff rep system unconstitutional • Government “substantially interferes” with meaningful association • Importance of independence from management LABR 1260 - The Charter & Human Rights 55 This Photo by Unknown Author is licensed under CC BY-SA

Human Rights – New Labour Trilogy Meredith (2015) – Wage Restraint • Legislation reduced agreed-upon wage increases for RCMP • Allowed because legislation still allowed for “meaningful consultation” • Gov’t won case, but set standard for bargaining LABR 1260 - The Charter & Human Rights 56 This Photo by Unknown Author is licensed under CC BY-SA Meredith v. Canada (Attorney General), 2015 SCC 2, [2015] 1 SCR 125,

Human Rights – New Labour Trilogy SFL (2015) – Right to Strike • Sask gov’t had legislation barring public employees from striking – deemed essential • SCC found 2(d) has express guarantee of freedom to strike - collective bargaining not “meaningful” without right to strike • Test: “legislative interference with the right to strike in a particular case amounts to a substantial interference with collective bargaining” LABR 1260 - The Charter & Human Rights 57 Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4 (CanLII), [2015] 1 SCR 245, This Photo by Unknown Author is licensed under CC BY- SA

Human Rights – New Labour Trilogy Bill 28 in Manitoba • PC gov’t forced wage increase caps via legislation • MFL is challenging in court • Never actually proclaimed – not in effect – still being applied • Some arbitrators are ignoring it now LABR 1260 - The Charter & Human Rights 58 Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4 (CanLII), [2015] 1 SCR 245, This Photo by Unknown Author is licensed under CC BY-SA

Today’s 3 Takeaways 59 LABR 1260 - Framing our Workplace Rights Human Rights have an increasingly prominent role in the workplace The Charter’s role in the workplace has changed substantially Legislation can often be just as helpful as it is dangerous – still dependent on political power/legitimacy