NEWS
16 Obiter Dicta
Editorial
Bill C-51
Picket lines
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force for what will be one of the country’s biggest festivals of the summer.
Having looked at the WayHome list a few times
now, and with my thoughts all out on paper (errr…
word document), I have to say this festival looks
pretty good overall. I’m certainly not blown away; the
lack of Canadian acts, established veteran musicians,
and musical diversity are all noticeable disappointments. However, with solid headliners, impressive
depth, and a number of intriguing and unique acts to
see, WayHome has definitely done enough to merit a
visit. It seems it’s time to get my ticket, think about
whether I actually want to camp an hour from my
house, and start looking forward to summer! u
social differences is being reproduced through the
law; transgender people are being targeted and discriminated against in an overt manner.
Law is currently being utilized by the Conservative
government to further oppress people associated
with social differences, as illustrated by Bill C-51 and
Bill C-279. Social justice seems to be at risk in Canada,
and those who will suffer most from this are people
associated with social differences; the bull’s-eye is on
them. u
t humbs down
People who think the dress is black and blue.
If
you have
what
it takes.
Some people have long known what they want out of a career. They look beyond
their present and focus on their future: a future with international scope, global
clients and limitless possibilities.
If you are that person,
you’ve just found where your future lies.
and employers, this reasoning, with respect,
turns labour relations on its head, and ignores the
fundamental power imbalance which the entire
history of modern labour legislation has been
scrupulously devoted to rectifying.... [Although
s]trike activity itself does not guarantee that a
labour dispute will be resolved in any particular
manner, or that it will be resolved at all....what
it does permit is the employees’ ability to engage
in negotiations with an employer on a more equal
footing.
Recognizing the right to strike as an “indispensable
component” of the Charter-protected right to collective bargaining, Abella J proceeded to grant “constitutional benediction” to its exercise. Admittedly,
Saskatchewan Federation of Labour is only a monthold decision, and so still in the early stages of jurisprudential gestation. But it is difficult to read Abella
J’s judgment, amplified as it is by the zealous, fitful
dissent of Rothstein and Wagner JJ, without believing
that something consequential has just come to pass.
And not a moment too soon, either.
To understand the impending strike at York across
a longer historical arc, capped by uncharacteristically
sage judicial commentary, is thus to better appreciate
the function and meaning of CUPE 3903’s collective
refusal to work.
As students of law, prospective officers of the
court, and ongoing beneficiaries of union members’
labour, there is ample onus on us to support this
strike in principle, as the exercise of a right vested by
the law we swear to uphold.
Fortunately, CUPE 3903 members won’t be holding their breath—no one in the pursuit of freedom has
ever had that luxury. u
Editorial Note: Parmbir’s piece was originally published on the Obiter website prior to the CUPE 3903
vote that was held on Monday, 2 March.
s ta ff opp or t uni t ie s
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