Photo of Jennifer Bernardo

Jennifer Bernardo has a broad trial and appellate advocacy practice, with a focus on labour, employment, and administrative law. She has acted as lead counsel in grievance arbitrations, administrative proceedings, and trials, and has served as junior counsel on judicial reviews, corporate/commercial trials and appeals, class actions, and complex labour and employment hearings and appeals. In addition to her litigation practice, Jennifer advises clients on contentious and non-contentious workplace issues, such as employment standards requirements, workplace accommodation, discrimination and harassment, collective bargaining and labour relations, and reductions in force, as well as issues relating to international labour and human rights standards, corporate compliance and risk management, and internal investigations.

Overruling one of its own decisions, the Supreme Court of Canada today has determined that the “right to strike” is protected under s. 2(d) of the Charter, which is the freedom of association provision. In Saskatchewan Federation of Labour v. Saskatchewan, the Court confirmed that legislation that limits the right to strike is unconstitutional unless its limits are reasonable and justified in a free and democratic society.

In practice, this case will ensure that legislators do not limit the right to strike without a strong and compelling justification, and without providing an alternative means of resolving a bargaining impasse –an alternative means that will not undermine the bargaining power of the union. In any event, a law that limits the right to strike must interfere only as much as is necessary.
Continue Reading Supreme Court of Canada Recognizes Constitutional Right to Strike: What Does it Mean for Employers?