Well, here it is folks. The Supreme Court of Canada this morning overturned its earlier decisions in the Labour Trilogy and found that Section 2(d) of the Charter does protect the right to collective bargaining.
"We conclude that the grounds advanced in the earlier decisions for the exclusion of collective bargaining from the Charter’s protection of freedom of association do not withstand principled scrutiny and should be rejected."
all I can say is WOW!
Even more significant is the substantial unanimity in the judgment. We have seen substantial debate in the past over the content of the 2(d) right, but in this case, both the majority of 6, and the minority judgment of Justice Deschampes, found the right, and found that it had been infringed (albeit to differing extents) and found that the infringement(s) (also to differing extents) to be unjustifiable under a section 1 analysis.
What a fabulous day this is. (oh, and by the way, my convocation is also today...LL.B., here I come)
time to get ready.
Ryan.
Friday, June 8, 2007
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