Judicial Development of Collective Labour Rights - Contextually

Abstract

This paper is part of a symposium on whether there is (and should be) a constitutional right to strike in Canada. It is argued that recent decisions of the Supreme Court of Canada, in which collective labour rights have been developed judicially, are justified because they are based on a contextual interpretation of the constitution, which takes into account changing realities of the labour market, that necessitate stronger protection to employee and union interests. Examples from Israel are used to support the argument.