Canadian Union of Postal Workers v Her Majesty in Right of Canada

2016 ONSC 418 (CanLII)Decided Labour relations

Postal Workers v Canada: Charter Rights to Strike

Summary

This is a constitutional challenge brought by the Canadian Union of Postal Workers against the federal government regarding the Restoring Mail Delivery for Canadians Act. The court found that the legislation, which prohibited strike activity and imposed final offer selection arbitration, violated the union's freedom of association and expression under sections 2(d) and 2(b) of the Charter. The violations were not justified under section 1, and the court issued a declaration of invalidity rather than awarding damages.

Outcome

Declaration of invalidity granted; Charter violations found

Key Factors

  • freedom of association
  • right to strike
  • back-to-work legislation
  • Charter violation
  • collective bargaining

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