文章基本信息

标题：LABOUR, COURTS, AND THE CUNNING OF HISTORY
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作者：Judy Fudge
期刊名称：Just Labour : A Canadian Journal of Work and Society
电子版ISSN：1705-1436
出版年度：2010
卷号：16
出版社：York University
摘要：Under the heading "Canadian Labour History Reveals the Fundamental Nature of Collective Bargaining," in its 2007 decision involving a dispute between the Health Service Unions and the government of British Columbia, the Supreme Court of Canada provided "a common law of labour history."1This historical narrative formed part of the Court's justification for overturning a series of decisions it made in the late 1980s, known as the Labour Trilogy,2which established that the freedom of association protected in the Canadian Charter of Rights and Freedoms did not include the rights to bargain collectively and to strike. History becomes common law when it is so widely accepted by legal practitioners, lawyers, judges, and law teachers that the burden of proof implicitly shifts to those asserting a contrary position.3According to the Supreme Court, "association for purposes of collective bargaining has long been recognized as a fundamental Canadian right which predated the Charter. This suggests that the framers of the Charter intended to include it in the protection of freedom of association found in s. 2(d) of the Charter