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May 16, 2014

Paul Cavalluzzo and Adrienne Telford Defend the Right to Strike at the Supreme Court of Canada

On May 16, 2014 Paul Cavalluzzo and Adrienne Telford appeared before the Supreme Court of Canada on behalf of the Canadian Union of Postal Workers and the International Association of Machinists and Aerospace Workers.  

The Court was dealing with the right to strike in the context of a challenge by the Saskatchewan Federation of Labour to essential services legislation in Saskatchewan. The Machinists and the Postal Workers' Union were granted intervenor status in this case because of the potential impact of the decision on their own applications challenging Federal back-to-work legislation targeting workers at Air Canada and Canada Post.

As one intervenor among many Paul had just ten minutes to persuade the Court that the right to strike is fundamental to a free and democratic society and is protected by the Charter's guarantee of freedom of association. The Court extended his time by a further eight minutes to hear his answers to questions they had asked over the course of the hearing. 

The arguments made before the Court can be viewed on the Supreme Court's website at the link below. Paul's presentation is between 2:19 and 2:38 of the video:

Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan), et al. v. Her Majesty the Queen, in Right of the Province of Saskatchewan (Saskatchewan) (Civil) (By Leave) 35423

The factum prepared by Paul Cavalluzzo and Adrienne Telford on behalf of the Canadian Union of Postal Workers and the International Association of Machinists and Aerospace Workers can be read here.

 

 

Related Practice Areas

Labour Law  |  Charter/Constitutional Law