LAW 529 Chapter Notes - Chapter 2: Majoritarianism, Ontario Public Service Employees Union, Canada Labour Code
25 Apr 2016
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Canada is a federal state with 3 levels of government. 91-92 of the constitution act, 1867 set out division of power b/w the federal and provincial governments. But with no specific reference to employment matters. In 1872, the trades union act was passed by the federal government and gave unions legal status. At the beginning of the 20th century, following several lengthy strikes, the federal government passed the industrial disputes investigation act. At this time, the provinces took no part in regulating unionized workplaces. In 1925, the legality of this act was challenged in toronto electric. The judicial committee of the privy council held: employment and labour law fell within provincial jurisdiction over property and civil rights (s. 92. 13); the federal government"s legislative authority was limited to industries of national importance. The supreme law of canada overriding ordinary legislation. Charter rights are not absolute but subject to limitations set out in s. 1: v. oakes test:
