Canadian unions: From repression and resistance to the right to strike.

• Author: Maas, Paul

The history of Canadian unions is a long and storied one. The Canadian labour movement of the past was a fusion of many disparate groups, often at odds with one another. For many years, the law was inhospitable to unions, with the balance tilted in favour of employers and government. Since the midtwentieth century, trade unions have notched some legal victories, but also accepted some serious concessions. In the milestone 2015 decision of Saskatchewan Federation of Labour v Saskatchewan, the Supreme Court of Canada recognized a constitutional right to strike, reflecting over a century of worker's action. One thing is quite clear in the development of Canadian labour law: the legal protections afforded to unions ebbed and flowed with economic, social, and political changes.

Early Canadian union development was largely influenced by developments in the United States and Great Britain. A number of Canadian unions formed prior to the Industrial Revolution, typically in industries requiring skilled craftsmanship such as printing or shoemaking. British immigrants established local unions similar to the ones they left at home. The legal status of unions for most of the 1800s was unclear; even concerted efforts of legal archaeology have had difficulty pinning down how the law viewed unions. However, there was a general social tolerance for unions in Upper Canada, as there was a sense among employers that these highly skilled craftspeople were respectable and worthy of mutual dealings. Still, unionization was risky business. Conspiracy charges were laid against a strike of 'hatters' in Quebec as early as 1815, and criminal charges were pursued against bakers who attempted to bargain collectively in Ontario in 1837.

Of particular note in early Canadian labour history was the Nine Hours Movement. With twelve or more hours at work being commonplace, the movement campaigned for their namesake: a nine-hour workday. Nine Hours groups engaged in strikes in early 1872 in order to draw greater attention to the cause, but co-ordinated action was the ultimate goal. A series of general strikes had been planned for May of 1872 in Hamilton, Ontario. However, deviating from the plans, Toronto printers walked off the job in March. George Brown, editor of the Globe newspaper, attempted to break the strike by having the union leaders hauled into court on conspiracy charges.

At c the judge held that despite the union's 25-year presence in the community, labour unions were nonetheless illegal at common law. Prime Minister John A. MacDonald was a political foe of Brown, and took the opportunity to pass the Trade Unions Act, which precluded union members from...