News

Canada’s Supreme Court has affirmed the right to strike is an essential part of a collective bargaining process and protected under the Canadian constitution. The Supreme Court found that a law which denied the right to strike for a number of public sector workers, with no alternative mechanism, was unconstitutional.

The Court reaffirmed that the right to strike is protected by ILO Convention 87 on Freedom of Association, among other international treaties and comes at a time when business has launched its big guns

UNI Global Union General Secretary, Philip Jennings, said, “We applaud the decision of the Court. This is a significant blow to employers’ federations around the world who want to rupture global standards underpinning the right to strike. What differentiates a worker from a slave? The right to withdraw his or her labour!”

Employers’ organisations at the ILO have been trying to change decades of ILO jurisprudence confirming that Convention 87 does provide the right to strike.

ITUC General Secretary, Sharan Burrow said “Canada’s highest court has handed down a decision that is not only correct, but also a timely reminder that employers at the ILO have got it completely wrong. The right of workers to withdraw their labour is a cornerstone of any democracy and a fundamental part of the rule of law. Employers should stop attacking this right or at the very least accept that the International Court of Justice should settle the issue.”