A Decade Later: The Legacy of the Supreme Court of Canada's Health Services Decision on Workers' Rights

A Decade Later: The Legacy of the Supreme Court of Canada's Health Services Decision on Workers' Rights

The year 2017 marked the ten-year anniversary of the Health Services case, a precedent-setting decision by the Supreme Court of Canada that ruled collective bargaining is protected by the Canadian Charter of Rights and Freedoms. This article explores the impact and legacy of BC Health Services, and...

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Bibliographic Details
Main Author: Brad Walchuk
Format: Article
Language:English
Published: McMaster University Library Press 2019-01-01
Series:Global Labour Journal
Online Access:https://mulpress.mcmaster.ca/globallabour/article/view/3397
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spelling doaj-2434f548d70d44a691659d59c4fe996a2021-04-02T19:24:39ZengMcMaster University Library PressGlobal Labour Journal1918-67112019-01-0110110.15173/glj.v10i1.3397A Decade Later: The Legacy of the Supreme Court of Canada's Health Services Decision on Workers' RightsBrad Walchuk0Brock University (sessional) Independent Researcher The year 2017 marked the ten-year anniversary of the Health Services case, a precedent-setting decision by the Supreme Court of Canada that ruled collective bargaining is protected by the Canadian Charter of Rights and Freedoms. This article explores the impact and legacy of BC Health Services, and finds that while workers’ constitutional rights have been expanded under the Charter over the past decade, governments nevertheless continue to violate these rights. It concludes that the legacy of the case is not an enhanced level of protection for these rights to be enjoyed fully, but rather that the default option has been and will continue to be a financial penalty for the state in instances in which they violate workers’ rights.  KEYWORDS  labour rights; Canadian Charter of Rights and Freedoms; human rights; health services https://mulpress.mcmaster.ca/globallabour/article/view/3397
collection DOAJ
language English
format Article
sources DOAJ
author Brad Walchuk
spellingShingle Brad Walchuk
A Decade Later: The Legacy of the Supreme Court of Canada's Health Services Decision on Workers' Rights
Global Labour Journal
author_facet Brad Walchuk
author_sort Brad Walchuk
title A Decade Later: The Legacy of the Supreme Court of Canada's Health Services Decision on Workers' Rights
title_short A Decade Later: The Legacy of the Supreme Court of Canada's Health Services Decision on Workers' Rights
title_full A Decade Later: The Legacy of the Supreme Court of Canada's Health Services Decision on Workers' Rights
title_fullStr A Decade Later: The Legacy of the Supreme Court of Canada's Health Services Decision on Workers' Rights
title_full_unstemmed A Decade Later: The Legacy of the Supreme Court of Canada's Health Services Decision on Workers' Rights
title_sort decade later: the legacy of the supreme court of canada's health services decision on workers' rights
publisher McMaster University Library Press
series Global Labour Journal
issn 1918-6711
publishDate 2019-01-01
description The year 2017 marked the ten-year anniversary of the Health Services case, a precedent-setting decision by the Supreme Court of Canada that ruled collective bargaining is protected by the Canadian Charter of Rights and Freedoms. This article explores the impact and legacy of BC Health Services, and finds that while workers’ constitutional rights have been expanded under the Charter over the past decade, governments nevertheless continue to violate these rights. It concludes that the legacy of the case is not an enhanced level of protection for these rights to be enjoyed fully, but rather that the default option has been and will continue to be a financial penalty for the state in instances in which they violate workers’ rights.  KEYWORDS  labour rights; Canadian Charter of Rights and Freedoms; human rights; health services
url https://mulpress.mcmaster.ca/globallabour/article/view/3397
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