(DOWNLOAD) "Prospects for Labour's Right to Bargain Collectively After B. C. Health Services (Unblj Forum: Recent Developments in Canadian Labour and Employment Law)" by University of New Brunswick Law Journal * eBook PDF Kindle ePub Free
eBook details
- Title: Prospects for Labour's Right to Bargain Collectively After B. C. Health Services (Unblj Forum: Recent Developments in Canadian Labour and Employment Law)
- Author : University of New Brunswick Law Journal
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 298 KB
Description
In its 2007 B.C. Health Services decision, the Supreme Court of Canada (SCC) constitutionalized labour's right to bargain collectively. (1) The Court ruled that the Canadian Charter of Rights and Freedoms "should be presumed to provide at least as great a level of protection as is found in the international human rights documents that Canada has ratified". (2) At present, however, only some aspects of Canadian law and practice are consistent with international standards. My intent in this essay is to review the current situation in Canada in light of international standards and speculate on future developments. In the international system, the International Labour Organization (ILO) has been given the task of developing international labour law. The primary institutions within the ILO that deal with issues of freedom of association and collective bargaining are the Committee of Experts on the Application of Conventions and Recommendations and the Committee on Freedom of Association. The first is generally known simply as the Committee of Experts and the latter as the CFA. The Committee of Experts oversees the implementation of Conventions and Recommendations (the two key ILO legislative instruments) by member states that have ratified the relevant instruments. The primary function of the CFA is to oversee the implementation of the constitutional duty of all ILO member states to respect and protect ILO principles regarding freedom of association and the right to bargain collectively. Although the two sets of responsibilities may be considered technically distinct, ILO staff coordinate the work of the two committees closely and, with respect to freedom of association and the right to bargain collectively, their "jurisprudence" is essentially identical.