Reference Re Public Service Employee Relations Act (Alta)

Judgement of the Supreme Court of Canada
Reference Re Public Service Employee Relations Act (Alta) [1987] 1 S. C. R. 313, commonly referred to as the Alberta Reference, was a leading opinion of the Supreme Court of Canada on the right to freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms. The Court held that section 2(d) did not include the right to strike. In 2015, Alberta Reference was overruled, with the Court recognizing a right to strike in the Charter.

Section 2 of the Canadian Charter of Rights and Freedoms entered into force in 1982. The Alberta Reference provided the Supreme Court of Canada with an opportunity to interpret the scope of protection afforded to collective bargaining and strikes under the Charter. The province of Alberta referred a reference question to the Alberta Court of Appeal, which was decided in favour of the Government of Alberta. The reference questions concerned Alberta labour relations legislation affecting public service employees, firefighters, hospital employees, and police officers. The laws restricted the right to strike: any impasse in collective bargaining had to be referred to compulsory arbitration. As well, the laws designated certain factors that had to be considered in said arbitration, and limited the scope of issues that were arbitrable. The Alberta Reference was explicitly overturned in Saskatchewan Federation of Labour v Saskatchewan, with a majority of the SCC recognizing a constitutionally protected right to strike under section 2(d) of the Charter. The majority decision in that case specifically referred to Chief Justice Dickson's dissenting reasons in the Alberta Reference.