BREAKING NEWS: Supreme Court Rules There is a Constitutional Right to Strike

The Supreme Court of Canada this morning released its decision in Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4. In a 5-2 majority decision, the Supreme Court held there is a constitutional right to strike. The decision leaves open the possibility that essential services workers’ right to strike may be limited, but holds that the Saskatchewan legislation in issue goes too far in giving the government the unilateral power to determine who is an essential worker. The Court suggests that the determination of which public sector employees are essential workers such that their right to strike may be limited must be determined by a collaborative process, and further suggests that such determinations should be subject to an alternative dispute procedure such as arbitration.