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Supreme Court of Canada

Supreme Court of Canada rules that freedom of association protection in Charter applies to collective bargaining

Sector: - Health Care

In Health Services and Support - Facilities Subsector Bargaining Assn. v.British Columbia, 2007 SCC 27, the Supreme Court of Canada overturned previous case law and ruled that a "limited right" of collective bargaining is protected by section 2(d) (freedom of association) of the Charter of Rights and Freedoms. This is a landmark decision.

Law firm Heenan Blaikie has published this case summary: "Supreme Court of Canada rules that collective bargaining is protected by freedom of association in Charter" (June 8, 2007).

Postscript: This is a case summary by law firm Emond Harnden: "Supreme Court of Canada extends Charter protection to collective bargaining" (July 2007).

"Tell Me Where It Hurts”: Workplace Sexual Harassment Compensation and the Regulation of Hysterical Victims"

Jurisdiction: - Quebec

Finn Makela has written a paper entitled, “Tell Me Where It Hurts”: Workplace Sexual Harassment Compensation and the Regulation of Hysterical Victims" that was published in the McGill Law Journal (2006) 51 McGill L.J. 27. Ms. Makela is a lawyer at Melançon, Marceau, Grenier et Sciortinoin Montreal.

The paper's summary provides:  read more »

"The Hostile Workplace and Employer Liability"

A lawyer at Davis LLP has written a paper entitled "The Hostile Workplace and Employer Liability".

This very comprehensive paper, "examines some of the protections the British Columbia Courts have identified to address psychological harassment in the non-union workplace, including looking at the limits of those protections." Specifically, the author considers:

  1. claims in contract, and in particular, claims for constructive dismissal and consequential damages;
  2. claims in tort, and in particular the claim of tort in intentional infliction of mental suffering; and
  3. claims under statute, and in particular the availability of workers' compensation benefits for stress leave.

The paper also contains on overview of Quebec's psychological harassment provisions.