Canada’s unions helped secure a historic ICJ ruling affirming the right to strike, warn against weakening Canada Labour Code
OTTAWA, ON – The Canadian Labour Congress helped secure a historic victory for workers at the International Court of Justice (ICJ) yesterday, as the world’s highest court affirmed that the right to strike is protected under international law.
“This is a victory for workers everywhere,” said Bea Bruske, President of the Canadian Labour Congress. “The world’s highest court has made it clear: workers do have the right to strike under international law. That clarity matters enormously for workers, unions, governments, and employers alike. And we’re proud of the role that CLC played in securing this decision.”
The Landmark ruling confirms that the right to strike is protected under International Labour Organization (ILO) Convention 87 on Freedom of Association and Protection of the Right to Organize, ending a decades-long dispute over one of the most fundamental rights workers possess.
The Canadian Labour Congress helped advance the case before the ICJ by pushing for the referral of the dispute through the International Labour Organization, contributing the Canadian labour context to the international union submissions before the Court, and supporting the legal effort financially.
“The Stakes for workers around the world were enormous,” said Lily Chang, the CLC’s Secretary Treasurer and Governing Body Member of the International Labour Organization. “Workers cannot have meaningful freedom of association or collective bargaining without the right to strike, and this ruling makes that crystal clear.”
The ruling comes at a critical moment as workers in Canada face growing pressure on collective bargaining rights and job action.
In Alberta, Danielle Smith’s provincial government used the notwithstanding clause to override Charter-protected rights of striking teachers. Federally, the government has increasingly used section 107 of the Canada Labour Code to break legal strikes and weaken workers’ bargaining power. Unions in federally-regulated industries are warning that the government’s broad and rushed consultations on changes to the Labour Code could further restrict the ability of workers to take job action.
The CLC says the ICJ ruling should serve as a clear warning to governments considering changes to labour laws in Canada.
“This ruling must be a line in the sand,” said Bruske. “The Canadian Labour Code cannot become a tool to erode one of the most fundamental democratic rights workers possess. The right to strike must be protected, respected, and upheld.”
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