Saskatchewan Federation of Labour v Saskatchewan

The Saskatchewan Public Service Essential Services Act limited public-sector workers' right to strike without providing meaningful alternative dispute-resolution. The SCC held the right to strike is part of meaningful collective bargaining and is protected by s.2(d).

Saskatchewan legislation designated swathes of public-sector workers "essential" and removed their right to strike, providing only minimal alternative dispute-resolution.

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

Yes (5-2). Legislation struck.

The right to strike is an indispensable component of meaningful collective bargaining and is protected by s.2(d). Where the right to strike is curtailed, a meaningful alternative dispute-resolution mechanism (such as binding arbitration) is constitutionally required.

Abella J traced the doctrinal evolution from the 1987 trilogy through Dunmore, Health Services, and Fraser, culminating in MPAO (decided the same day). The right to strike is necessary because the imbalance of power between employers and individual workers is rebalanced only where workers can withdraw labour collectively.

Watershed Charter labour case. Together with MPAO (2015), it defines the constitutional architecture of Canadian labour relations. Provincial legislatures have had to amend essential-services regimes to conform.

Saskatchewan Federation of Labour v Saskatchewan, 2015 SCC 4, [2015] 1 SCR 245.

McLachlin CJ, LeBel J, Abella J, Rothstein J, Cromwell J, Moldaver J, Karakatsanis J, Wagner J, Gascon J