Mark Mancini: There was no right to strike until an activist Supreme Court invented it

It has been labelled a “dark day for education” and a “threat to democracy,” but Alberta’s Bill 2 — the legislation forcing teachers back to work — is in effect. The Alberta Legislature adopted the law with a cherry on top: a provision declaring that the law will operate notwithstanding particular provisions of the Charter, specifically s.2(d), which protects “freedom of association.” The notwithstanding clause has reared its head.

Fire and brimstone aside, the constitutional right to strike, abrogated by Bill 2, is not a longstanding right. It was only recognized by  the Supreme Court in 2015 in the Saskatchewan Federation of Labour case. Despite the fact that the Supreme Court previously decided that this right did not exist in the Charter, a new bench — armed with an apparent image of