Canadian Union of Postal Workers v. Canada
Union Challenge to Back-to-Work Legislation
Summary
This is a constitutional challenge brought by a union against back-to-work legislation (the Postal Services Resumption and Continuation Act) that restricted collective bargaining and the right to strike. The court assessed whether the legislation substantially interfered with freedom of association under section 2(d) of the Charter and whether the infringement was justified under section 1. The case also addressed procedural issues regarding mootness due to the expiration of the legislation and the appropriateness of the remedies sought.
Outcome
constitutional challenge assessed
Key Factors
- back-to-work legislation
- right to strike
- collective bargaining
- Charter section 2(d)
- Oakes test
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