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The Saskatchewan Federation of Labour decision fromthe Supreme Court of Canada (January, 2015) is a landmark case in that,after a twenty-eight year judicial lead-up, it finally confirms the right tostrike as guaranteed by the Charter’s Section 2(d) freedom ofassociation. The decision found the provincial government’s unilateralauthority over designating essential services during a work stoppage to beunconstitutional. The decision is indeed a victory for unions that goes farbeyond the particular issues in the case and will have ramifications foryears to come. This paper presents a preliminary look at the decision anddiscusses four interrelated areas of labour law that will be affected. Thedownside of this decision, however, is the finding that amendments toSaskatchewan’s Labour Relations Act that are designed to make organizingmore difficult, are constitutional. This decision continues a trend in labourlegislation that will undoubtedly help undermine the much neededorganizing in Saskatchewan in the face of declining union density,particularly for the fast growing cadres of precarious workers who needunions. This aspect of the decision, which represents the loss of a rareopportunity for the Court to support organizing, will also be discussedbriefly.
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