The right to strike is fundamental
Supreme Court ruling should be kept in mind as public- sector negotiations get underway in Quebec, Louise Chabot, Lucie Martineau and Carolle Dubé say.
The right to strike is a fundamental charter right. As public- sector negotiations get underway in Quebec, it’s important to bear that in mind. The Supreme Court of Canada agrees with us and has just upheld this right in a historic decision. Judges from the highest court of the land have ruled that the right to strike is inseparable from freedom of association, and is an essential part of the collective bargaining process.
The court struck down a law in Saskatchewan that attempted to limit the right to strike of public- sector workers who provided essential services. Its ruling recognized the right to strike as a constitutional right. This is a major decision that will have positive ramifications for all public- sector workers. We do, in fact, have a legitimate right to use pressure tactics that may include strike action.
This victory reminds us that our rights are tenuous. All it takes is one unbalanced law to create a domino effect. The Supreme Court ruling also illustrates the importance of standing together. Without the struggle and perseverance of the workers in Saskatchewan from the time the law was brought into force in 2008, no victory would have been possible.
On an international scale, the right to strike has been under heavy pressure for several years. Austerity policies further erode social safety networks and limit actions to exercise democratic rights. In a number of countries, legislation defining “essential” services in unnecessarily broad terms has been developed to limit the scope of workers’ action.
According to Public Services International ( PSI), one out of two people working in public services ( a majority of whom are women) has no job security. Isn’t it normal and legitimate to
Isn’t it normal and legitimate to aspire to better working conditions in a democratic society?
aspire to better working conditions in a democratic society? All too often, strike action is the last option they have to assert these demands.
Feb. 18 is the Global Day of Action for the Right to Strike. It is more crucial than ever for all peoples around the world to stand together in solidarity. Since 2012, a dispute has been ongoing at the International Labour Organization ( ILO). At the heart of the dispute: recognition of the right to strike. Employer representatives refuse to recognize the authority of the ILO’s oversight bodies (“supervisory mechanisms”) that are responsible for interpreting the meaning of Convention No. 87. Under this convention, which Canada ratified in 1972, the ILO’s long- standing position has been that freedom of association includes the right to strike. In refusing to comply, employers are attempting to wipe the slate clean of decades of case law attesting to the ILO’s interpretation.
To find a solution to the crisis, a proposal has been put forward to refer the case to the International Court of Justice for an advisory opinion, to arrive at a balanced and impartial solution supported by workers’ representatives and certain governments. Next month, the ILO has to vote on this proposal. Today, we are asking the federal government to support this solution unequivocally, in order to resolve the crisis that has racked the ILO for far too long.
The right to strike is intimately connected to freedom of association. When negotiations are at a stalemate, strike action is sometimes the only recourse open to workers to re- level the playing field. We are speaking out today in solidarity, to reaffirm the importance of this democratic right.