In what is being hailed as a “game-changer” in Canadian labour relations, a majority of the Supreme Court of Canada held that the right to strike is constitutionally protected under the freedom of association in s. 2(d) of the Canadian Charter of Rights and Freedoms.
When did strikes become legal in Canada?
1872, c. 30; Criminal Law Amendment Act, S.C. 1872, c. 31.
How do strikes work in Canada?
A Labour Board-supervised strike vote (unions) or lockout poll (employers) must be taken and a majority of those voting must agree to the strike or lockout. One party must serve the other (as well as the mediator) with 72 hours of notice before the strike or lockout commences.
Can you strike without a union Canada?
The Supreme Court of Canada has declared the right to strike to be fundamental and protected by the Constitution, thus handing organized labour its second stunning victory this month.
Is it legal to strike in Ontario?
Ontario has announced it will fully repeal controversial legislation that undermined workers’ right to strike, in a major reversal for the province’s conservative government following days of immense political pressure – and the looming threat of a general strike.
Can Canada Post strike?
Canada Post is considered an essential service, meaning the federal government can table legislation to force workers back on the job in the event of a strike.
What is the longest strike in Canada?
At 143 days long it is the longest strike in the post-secondary sector in Canadian history, surpassing the previous record of the 1976 Laval University 108-day strike.
| 2018 York University strike | |
|---|---|
| Date | March 5, 2018 – July 25, 2018 (143 days) |
| Location | Toronto |
| Caused by | Contract expiry |
What makes a strike illegal?
A strike may be unlawful because an object, or purpose, of the strike is unlawful. A strike in support of a union unfair labor practice, or one that would cause an employer to commit an unfair labor practice, may be a strike for an unlawful object.
How much is strike pay in Canada?
A member on strike can picket for as long as they want, but can only earn strike pay for up to a total of 20 hours per week.
7. How do I collect strike pay?
| Period of Strike | Strike pay |
|---|---|
| Weeks 8-11 | $17.50/hour |
| Weeks 12-15 | $18.75/hour |
| Weeks 16+ | $20.00/hour |
Can you refuse to go on strike?
You don’t have to strike
Andrew added: “It should always be your own decision to take part in any industrial action that has been called for. Legally nobody can force you to do so. While union members may lawfully attempt to persuade you (known as picketing), you can rightfully refuse.”
Who Cannot strike in Ontario?
Ontario’s Progressive Conservative government used the notwithstanding clause to pass the controversial Bill 28, making it illegal for education workers who are members of the Canadian Union of Public Employees to go on strike and forcing a contract on roughly 55,000 employees.
Which employees are not allowed to strike?
In terms of Section 65(d)(1) of the Labour Relations Act, any person engaged in an essential service may not take part in a strike.
Can I still strike if not in union?
Non-union staff and striking
If non-union members go on strike, they are protected from dismissal and have the same rights as union members, as long as the industrial action is lawful.
Can I refuse to cross a picket line Canada?
Your rights when another union pickets
You have the right to refuse to cross a legal picket line without fear of discipline. A picket line is considered legal unless it is found to be illegal either by a Labour Relations Board ruling or by the courts. An employer does not get to decide the legality of a picket line.
When can a strike be illegal?
A strike or a lockout shall be illegal if, It is commenced or declared in contravention of section 22 or section 23; or. It is continued on contravention of an order made under sub section (3) of section 10 or sub section (4-A) of section 10-A.
What is Bill 28 in Ontario?
Bill 28 imposed a four-year concessionary contract that would have pushed more of us into poverty while stripping us of our Charter rights, human rights, and any legal avenue to fight back.
Who has the right to strike in Canada?
In what is being hailed as a “game-changer” in Canadian labour relations, a majority of the Supreme Court of Canada held that the right to strike is constitutionally protected under the freedom of association in s. 2(d) of the Canadian Charter of Rights and Freedoms.
When was the last Canada Post strike?
The last agreement between Canada Post Corporation and the Canadian Union of Postal Workers, Urban Postal Operations, expired January 31, 2018. Failing to reach a new agreement, the union began a series of rotating strikes across the country on October 22, 2018.
What items Cannot be posted to Canada?
Restricted items to Canada
- copyright works.
- currency.
- dead animals, including wild birds or their parts.
- diamonds (rough)
- drugs and other controlled substances.
- eggs, milk and other dairy products.
- films.
- fish, game, meat, poultry, fruit, vegetables and their products.
What was the most violent strike in Canada?
The Winnipeg general strike of 1919 was one of the most famous and influential strikes in Canadian history. For six weeks, May 15 to June 26, more than 30,000 strikers brought economic activity to a standstill in Winnipeg, Manitoba, which at the time was Canada’s third largest city.
| Winnipeg general strike | |
|---|---|
| Arrested | 80 |
What was the biggest strike ever?
Arguably the biggest strike in labour history, 17 lakh Indian Railways workers stopped work on May 8, 1974 demanding better working conditions and higher wages.