[JURIST] The Supreme Court of Canada [official website] held on Friday that a worker’s right to strike is constitutionally protected. The court’s decision [text] came after a challenge to the constitutionality of a Saskatchewan statute [text, PDF] that limited the ability of “essential service employees” from participating in any strike action against their employer. The court held that the statute was unconstitutional because it “substantially interferes with a meaningful process of collective bargaining,” violating the Canadian Charter of Rights and Freedoms [text]. The court identified the right to strike as an essential and indispensable part of the collective bargaining process, which is a necessary component of meaningful participation in the workplace. The court also noted that the right to strike promotes equality in bargaining, which is essential for employees who are traditionally vulnerable in the unequal relationship that exists between employer and employee.

The Supreme Court of Canada has made many progressive and controversial decisions in its recent past. In November the court decided that good faith [JURIST report] performance be an implied term in all contractual proceedings. In October the court upheld [JURIST report] the State Immunity Act, which prohibits Canadian citizens from suing foreign governments for torture. In December 2013 the court struck down [JURIST report] three anti-prostitution laws, citing violations of the Charter, which allows regulations of nuisances but not at the expense of the health and safety of the prostitutes. The court has also diverged from American standards of free speech, by imposing a prohibition [JURIST op-ed] on hate speech.