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Foundations and Current Issues in IR/HR (IRE 2001)

This subject guide is meant to assist students, particularly those enrolled in IRE 2001, with research papers and assignments.

Books - Right to Strike and Essential Services

Selected Books - Right to Strike and Essential Services

Scholarly, Newspaper, Magazine Articles & Reports

     See the Tumblrwork&labour news&research for the latest on Essential ServicesRight To Strike or TTC.

Tucker, E. (2019). Regulating strikes in essential services - Canada. In Moti Mironi & Monika Schlacter (Ed.). Regulating strikes in essential services: A comparative 'law in action" perspective (pp. 107-144). The Netherlands: Wolters-Kluwer.

Campolieti, M., Hebdon, R., & Dachis, B. (2016). Collective bargaining in the Canadian public sector, 1978–2008: The consequences of restraint and structural change. British Journal of Industrial Relations, 54(1), 192-213.

Rose, J. B. (2016). Constraints on public sector bargaining in Canada. Journal of Industrial Relations, 58(1), 93-110.

Canadian Labour & Employment Law Journal, V. 19, No. 2 (May 2016)

  • "Of Skeptics and Idealists: Bernie and Me and the Right to Strike", by Harry Arthurs
  • "The Condescending Constitution (Or, the Purpose of Freedom of association Is Freedom of Association)",
    by Brian Langille
  • "Bringing Canada's Wagner Act Regime into Compliance with International Human Rights Law and the Charter",
    by Roy J. Adams
  • "Sakatchewan Federation of Labor and Strikes in the Public Sector: Confusing Social Rights with Fundamental Ones", by Roy L. Heeman
  • "The Call for Deference in Labour Relations: An Answer to Justice Rothstein", by Jason R. Paquette
  • "The Right to Strike under Charter after Saskatchewan Federation of Labour: Applying the New Standard to Existing Regulation of Strike Activity", by Brian Etherington
  • "The Impact of Saskatchewan Federation of Labour on Future Constitutional Challenges to Restrictions on the Right to Strike", by Paul Cavalluzzo
  • Labour Relations Policy and Practice, and Regulation of the Right to Strike in the Broader Public Sector: The Implications of Saskatchewan Federation of Labor", by Richard P. Chaykowski

  • Labour Law and Social Progress: Holding the Line or Shifting the Boundaries? Bulletin of Comparative Labour Relations, No. 92, 2016:

  • Chapter: 14: The Right to Strike in the Public Sector: A Catch 22 between Fundamental Right and Fundamental Prohibition: The Cases of Denmark and Germany with Some Comparative Belgian and Dutch Elements, by Alexander de Becker
    Chapter 15: Recognition of the Right to Strike (Terms and Conditions Apply), by D’Arcy du Toit
    Chapter 16: Determining the Scope of Freedom of Association with Regard to Right to Strike, by Gaye Burcu Yildiz.
  • The Globe and Mail, January 9, 2016: “Deal with Ontario corrections workers includes ‘essential service’ designation,” by Patrick White
  • Canadian Labour & Employment Law Journal, V. 18, No. 2, 2015:
    "The Lady Doth Protest Too Much, Methinks: the Right to Strike, International Standards and the Supreme Court of Canada", by K.D. Ewing
  • SLAW, October 22, 2015: “Amendments to Saskatchewan Essential Service Law,” by Yosie Saint-Cyr
  • SLAW, October 8, 2015: Alberta Consulting on Essential Services Legislation by Yosie Saint-Cyr
  • Oxford Human Right Hub, University of Oxford, June 30 2015: "OxHRH Webinar: The right to strike: A menace to hardworking people or fundamental human right?"
  • The Canadian Foundation for Labour Rights (CFLR), June 15, 2015: “The 2015 New Labour Trilogy" (54 pages, PDF) 
  • Canadian Foundation for Labour Rights, May 2015: Guide for Negotiating essential Services (15 pages, PDF)
  •, February 4, 2015: Solidarity Forever! A Right to Strike is Recognized in Saskatchewan Federation of Labour v Saskatchewan

Supreme Court of Canada Ruling on the Right to Strike, January 30, 2015:

  • Canadian Labour Board Law Conference 2014, Lancaster House. Panel 1: Collective Bargaining in Survival Mode: the Impact of Government Restrictions on the Right to Strike (Restrictions on collective bargaining through wage restraint legislation; other legislated limits on collective bargaining; the right to strike) (document in CIRHR Library. Request from library staff)
  • The Great Canadian Debate: On November 26, 2013 at the Canadian War Museum, in an debate hosted by the Macdonald-Laurier Institute and moderated by the Hon. Peter Milliken, professor Tom Flanagan and economist Jim Stanford debated the resolution “The right to strike has no place in the public sector.” The Ottawa Citizen has published their opening arguments in its opinion section. You can view the debate on CPAC
  • Ottawa Citizen, November 26, 2013: Should the public sector have the right to strike? NO, by Tom Flanagan

Canadian Labour & Employment Law Journal, V. 17, No. 2 (2013)

  • Prospects for Reform of Industrial Relations in the Ontario Broader Public Sector: Papers from the Workshop on the Drummond Report, Centre for Law in the Contemporary Workplace, Queen's University, June 22, 2012. Link to speaker presentations.
  • "Regulating Strikes in Essential (and Other) Services after the 'New Trilogy'", by Bernard Adell
  • "Constitutional Restrictions on the Capacity of Governments to Enact Reforms: Does Section 2(d) of the Charter Include a Right to Strike?", by Sonia Regenbogen & Christopher D. Pigott

Canadian Labour & Employment Law Journal, V. 15, No. 2, 2009-2010:

  • "The Freedom to Strike in Canada: A Brief Legal History", by Judy Fudge & Eric Tucker
  •  "What is a Strike?", by Brian Langille
  • "The Right to Strike under the United States Constitution: Theory, Practice, and Possible Implications for Canada", by James Gray Pope
  • "The Labour Trilogy’s Last Rites: B.C. Health and a Constitutional Right to Strike", by Jamie Cameron
  • "Does Freedom of Association under the Charter Include the Right to Strike after B.C. Health? Prognosis, Problems and Concerns", by Brian Etherington
  • "ILO Law and the Right to Strike", by Jean-Michel Servais