The June 8 Supreme Court ruling that grants Charter of Rights protection to collective bargaining was an important decision, so it was good to see it covered on page one of the June issue of the Bulletin.

The Supreme Court’s ruling was both unexpected and welcome. Unfortunately, it is not accurate to say, “The ruling means that governments cannot cut costs by revoking all or fundamental parts of negotiated collective agreements.” But by granting some protection to the process of collective bargaining, the ruling makes it more difficult for governments to do so.

The court’s decision states that Sec.1 of the Charter, which permits “reasonable limits demonstrably justified in a free and democratic society . . . may permit interference with the collective bargaining process on an exceptional and typically temporary basis, in situations, for example, involving essential services, vital state administration, clear deadlocks and national crisis.”

We can hope it will deter legislative attacks on collective agreements and intrusion in collective bargaining, but how much protection it will afford to public sector unions facing hostile governments remains to be seen.

David Camfield
Labour Studies
University of Manitoba