Could CUPW Mark Back-to-Work Legislation as ‘Return to Sender’?
So the Canadian Union of Postal Workers (CUPW) has filed a legal challenge against the back-to-work legislation that the Harper government recently pushed past an NDP filibuster.
“Freedom of association is a fundamental right,” said Denis Lemelin, CUPW National President. “What other rights are they going to try to take from us if we let them get away with this one?”
The challenge, which will be heard by the Federal Court, is based on the Canadian Charter of Rights and Freedoms. The union has retained Paul Cavalluzzo, a leading constitutional lawyer, known for his work on the Walkerton inquiry.
“Postal workers are doing the right thing, not only for their union but for other workers who may face being legislated in the future,” said Cavalluzzo. “Few employers will negotiate in good faith when they can count on extreme government intervention to bail them out.”
An interesting case to make, no doubt. It’s been made before.
In fact, in 1987 the supreme court effectively threw the right to strike out the window. In their decision in what is called the ‘Labour Triology’, Justice McIntyre writes (I’m fixing up his shorthand, here)
The Charter is primarily an individual rights document. Denominational school rightsts and aborignal rights are the only exceptions.
Charter doesn’t create new group rights.
The ruling goes on to say, effectively, that the supreme court shouldn’t be getting invovled in labour disputes.
