Abstract
This commentary on the right to strike in Canada examines recent Saskatchewan court decisions. Previous Supreme Court of Canada judgments on a series of labour matters have brought about much criticism. However, progress has been made, as Justice Denis Ball in his decision regarding the Saskatchewan Public Service Essential Service Act, has addressed some issues. One aspect he unequivocally addressed was the right to strike, he showed that the right to strike is essential to meaningful collective bargaining. He also rejected the position the government took in the Fraser case, noting the ambiguity of the result in relation to decisions made in the Health Services case. While this comment notes that the Ball decision goes a long way in clearing up “bewilderment” in recent labour judgments, the three aspects of the universal human right to freedom of association still need to be firmly embedded as constitutional rights for all Canadians.
