Abstract:
In this Paper the right to bargain collectively and the implications of the constitutional
right of Freedom of Association is reviewed in the example of Canada. Recent decisions of
Canadian courts approached differently in articulating the right to bargain collectively and
the scope of its protection. After a long period of restrictive interpretation of the Freedom of
Association by the Canadian courts and a general reluctance to address the constitutional
impacts on collective bargaining, the Supreme Court of Canada (SCC) finally
constitutionalized the process of collective bargaining and confirmed this precedence in
further cases. In these complex cases the decisions have one thing in common. They referred inter alia to International Law to support its reasoning. This paper focuses primarily on the influence of the International Law and contrasts it with the Canadian industrial relation system as expressed in the Wagner Act Model. Further, analysing the Canadian case law
gives the answer whether collective bargaining with the duty to bargain in good faith can be
protected by the Freedom of Associacion.
