The Supreme Court of Canada and the Right to Bargain Collectively: The Implications of the Health Services and Support case in Canada and Beyond

In June 2007, the Supreme Court of Canada expressly overruled20 years of jurisprudence that interpreted the freedom of associationas excluding collective bargaining. This about-face by the SupremeCourt was unexpected. What gave rise to this remarkable decisionand what does it portend for the role of the courts in labourrelations in Canada and beyond? The recent successes beforecourts have led some observers to suggest that it may now bea propitious time for a coordinated and proactive litigationstrategy to vindicate labour's collective rights. This articleoffers some preliminary answers to these broader questions andissues by focussing on the Supreme Court's decision in the HealthServices and Support case.