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Ball&Alexander Barristers & Solicitors Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Text • Wrongful Dismissal Employment Class Actions Labour Relations Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Employment Standards Disability 82 Scollard Street, Toronto, Canada, M5R 1G2 Phone: (416) 921-7997 Fax: (416) 921-3662 web: www.staceyball.com www.kenalexander.ca LEGAL REPORT: LABOUR & EMPLOYMENT act prevailed over negotiated collective agreements," notes Armstrong. In its decision in Health Services and Support-Facilities Subsector Bargaining Assn. v. British Columbia, the Supreme Court struck down the act, ruling the legislation "substantially interferes" with the procedural right to collective bargaining it deemed to be guaranteed by s. 2(d). The decision in essence overturned the jurisprudence that had arisen from the so- called "labour trilogy" cases in 1987 that found that s. 2(d) did not include a right to collective bargaining. In his essay, "The Freedom of Association Mess: How We Got into It and How We Can Get out of It," University of Toronto labour law professor Brian Langille acknowledges the impor- tance of the Dunmore and Health Services rulings, though he doesn't agree with the latter being "widely hailed as a step for- ward for workers' freedom of association." In his essay, which has aroused as much controversy in some quarters as the decision itself, Langille argues against both "the particular conception of collective bargaining the court pro- moted and the reasons it deployed in support of its holding." He adds that, in its ruling, "the court misread Canadian labour law history, misunderstood Canada's international labour law obligations, and misstated Charter values; that it very unhelp- fully perpetuated discussions of labour rights as inherently 'col- lective'; and that it ignored the distinction between 'freedoms' and 'rights' that is critical to understanding Charter freedoms all_CL_May_09.indd 1 Third Edition Peter Wilson and Allison Taylor Divided into three parts, Hiring, The Employment Relationship and Termination, this third edition provides pertinent, up-to-date guidance on a host of topics, including: the new human rights regime in Ontario; the end of mandatory retirement; employment standards and much more. Perfectbound • 376 pp. • July 2010 • $95 • P/C 0941010003 • ISBN 978-0-88804-512-6 4/14/09 3:43:35 PM The Corporate Counsel Guide to Employment Law New titles A Practical Guide to the Law of Termination in Ontario Second Edition Janice Rubin and Hena Singh This practical text provides an overview of the law and helpful advice when planning a termination in Ontario. It also helps you avoid commonly made termination mistakes, which often cause unexpected legal liability. Perfectbound • 174 pp. • September 2010 • $65 • P/C 970010002 • ISBN 978-0-88804-505-8 canadalawbook.ca For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business. Prices subject to change without notice, to applicable taxes and shipping & handling. CL1010 CA127 48 NO VEMBER / DECEMBER 2010 www. C ANADIAN Law ye rmag.com