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Putting the Charter to Work
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The entrenchment of a Charter of Rights and Freedoms in the Canadian constitution raises a host of fundamental issues, both theoretical and practical. As the American experience makes abundantly cl...
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01 June 1987

Rather than considering the relationship between the three branches of government in the abstract, Beatty focuses on legal practice as it functions in labour law, and shows how the Charter could be used both to reform labour law and to protect against attempts to reverse gains made in labour legislation in the past. Beatty's critical analysis rests on two principles: that the Charter provides equal liberty for all workers to participate in determining the conditions that govern their working life, and that fundamental rights should be limited only by laws employing the least repressibe alternative. These principles are applied to the constitutional validity of rules that prohibit discrimination: those requiring payment of minimum wages, excluding groups from collective bargaining laws, mandating retirment at a specific age, and requiring membership in trade unions. Beatty argues that the current model of collective bargaining cannot be constitutionally sustained and that voluntary and/or plural representation of employee interests is more compatible with the Charter. The final part of the book makes clear just how dramatic achievements in social justice can be. Beatty shows that the process of judicial review can be instrumental in extending meaningful institutions of industrial democracy through all sectors of our economy and argues that interest group advocacy can be an effective means by which the least advantaged in our community can have more influence in determining the law which governs their working lives.
Price: $40.95
Publisher: McGill-Queen's University Press
Imprint: McGill-Queen's University Press
Publication Date:
01 June 1987
ISBN: 9780773561359
Format: eBook
BISACs:
POLITICAL SCIENCE / American Government / General, LAW / Labor & Employment
"A rare treat to find a Canadian legal scholar who can write so lucidly and coherently on a practical legal problem at this theoretical level ... should stand as an enduring basis for evaluating the decisions of Canadian courts on these issues." Peter Russell, Department of Political Science, University of Toronto.