The Court found that the violation of the Charter was not justified in a free and democratic society, given that the strike restrictions imposed by the PSESA go beyond those reasonably necessary to ensure the provision of essential services. PSESA allowed the government to label many services as “essential,” even if the services are not really necessary to avoid serious harm to the life, health or personal safety of the population, and asked “essential service” workers to perform non-essential tasks themselves during a strike. The legislation did not provide for a procedure for independent verification of government appointments by the Labour Relations Council and did not put in place an “appropriate, impartial and effective” alternative mechanism to resolve bargaining deadlocks (e.g.B. Interest Rate Arbitration). However, the majority of the Supreme Court of Canada approved the trial judge. The Court set aside the “trilogy” cases and found that the right to strike was an essential element of the Charter-protected right to meaningful collective bargaining. The PSESA`s ban on strikes, which significantly overlapped with this right, violated Article 2(d) of the Charter and was not justified under Article 1 of the Charter. The court invalidated the PSESA, but suspended the statement for one year. In 2007, the Government of Saskatchewan passed the Essential Services Utilities Act (PSESA) and the Trade Union Amendment Act (TUAA).
PSESA gave the government the power to unilaterally designate “essential” services and collaborators. PSESA also banned essential services personnel from participating in strike action. However, the legislation did not offer a useful alternative (e.g.B. Interest rate arbitrage) to resolve negotiating alleys. Without the right to strike, the constitutionally protected right to bargain would be “meaningless”. The Saskatchewan government passed a series of legislative amendments to the Saskatchewan Employment Act after the Supreme Court ruled earlier this year that the previous essential services act was unconstitutional. “I hope it`s a tool that isn`t used very often, but I hope that the fact that it`s there will inspire people to come to the negotiating table and negotiate,” he said. In Saskatchewan Labour Federation v.
Saskatchewan, 2015 SCC 4, the Supreme Court of Canada ruled that the right to strike was protected by the right to freedom of association guaranteed by section 2(d) of the Canadian Charter of Rights and Freedoms. The 52 decisions, which go beyond the legal precedents in place since 1987, significantly increase the legal power of unionized workers (particularly in the public sector) and promise to have a profound impact on labour relations in Canada. .