Reference re Public Service Employee Relations Act (Alberta)

The 1987 Labour Trilogy held that s.2(d) protects associational activities but does not constitutionally guarantee the right to strike or collective bargaining. The decision constrained s.2(d) for nearly three decades. Reversed by Saskatchewan Federation of Labour (2015) on the right to strike, and Mounted Police Association of Ontario (2015) on collective bargaining.

Alberta legislation removed the right to strike for public-sector employees. The reference asked whether the legislation violated s.2(d).

Does s.2(d) protect the right to strike?

No (4-2). Provision upheld.

At the time: s.2(d) protects associational activities and excluded uniquely group-based activities like the right to strike. The protection extends to forming associations, joining them, and engaging in essential associational activities — but not to particular substantive labour outcomes such as a right to strike.

McIntyre J held that the Charter does not constitutionalise particular labour-relations outcomes. Dickson CJ in dissent argued the right to strike is essential to the meaning of associational freedom in the labour context. Decades of doctrinal development followed.

The PSAA Reference defined Charter labour law for nearly 30 years. The framework was eroded in Dunmore (2001), Health Services (2007), Fraser (2011), and decisively reversed in Saskatchewan Federation of Labour (2015) and MPAO (2015). The right to strike now has constitutional protection.

Reference re Public Service Employee Relations Act (Alberta), [1987] 1 SCR 313, 1987 CanLII 88 (SCC).

Dickson CJ, Beetz J, McIntyre J, Le Dain J, La Forest J