Guest column: Making the right to strike work for youth

Reform is needed to extend fundamental workplace freedoms to young and other vulnerable workers

In January, the Supreme Court of Canada released a pair of historic decisions affirming the freedom of association of Canadian workers, including finding for the first time ever a constitutionally protected right to strike.[i] These decisions are the latest in a series of cases that have radically reinterpreted the Canadian Charter of Rights and Freedoms to enhance the rights of working people (through the right to organize, collective bargaining, and strikes).

For labour lawyers, these decisions represent a dramatic turning point. But if you're among the majority of Canadian workers who do not belong to a union – and who therefore cannot exercise the right to bargain or strike – then you can be forgiven if their significance is lost on you.

Currently, only 30 percent of workers are covered by a union contract. And the younger you are, the less likely you are to benefit from union representation, as only 15 percent of young workers belong to a union.[ii] This is a cruel irony given the increasingly precarious working conditions that young people face today. Contract work, dwindling entry-level positions, and the all-too-common unpaid internships are just a few of the well-known examples.

This is why the Court's decision regarding the right to strike is so significant for youth, as it is for all vulnerable workers. At its core, the right to strike is about the right of the less powerful to join forces, or associate, in the hope that they can hold the more powerful to account. The Court found that the right to strike is an essential part of the freedom to associate, which it described as follows:

The guarantee functions to protect individuals against more powerful entities. By banding together in the pursuit of common goals, individuals are able to prevent more powerful entities from thwarting their legitimate goals and desires. In this way, the guarantee of freedom of association empowers vulnerable groups and helps them work to right imbalances in society. It protects marginalized groups and makes possible a more equal society.[iii]

If ever there was a time for the Justices to act, it was now. During the hearing, the Court was confronted with the issue of what had changed to warrant now granting constitutional protection to strike activity.[iv] The answer, though unmentioned, is obvious: decades of globalization, structural adjustment, and governments increasingly willing to attack workers' rights have taken their toll on workers around the world.

By no small coincidence, the attacks on unions and middle class jobs are closely connected to growing income inequality, an issue of renewed mainstream focus. Granting constitutional legitimacy to the rights of workers has never been so desperately needed as it is now.

There is another side to this issue that must be addressed if all workers are to benefit from these historic court cases. Our current set of labour laws are doing a very poor job of facilitating access to these rights, particularly in sectors where many youth work. Without changes to our labour laws, these rights will remain out of reach for most. Imagine the outrage there would be if any of our other Charter rights, such as the right to vote, were only accessible to 30 percent of the population!

While I do not claim to have all of the answers, the need for reform is clear. In 1966, Prime Minister Lester Pearson set up the Woods Task Force on Labour Relations in response to another period of crisis. The resulting report went on to form the backbone of our federal labour laws.

Perhaps it is time for a new task force to provide recommendations on how to ensure that all workers can benefit from the rights that the Charter now guarantees. Young people and their concerns need to be front and centre in that process if and when it surfaces.

Robert Logue is a 27-year-old lawyer with a focus on union-side labour law. He can be found on Twitter under the handle @Rob_Logue. His views are his own.