Confédération+des+syndicats+nationaux+v.+Québec+(Procureur+général)

Case: || · 2 categories of workers: (1) childcare workers and (2) workers for adults without capacity o Mostly were poor women workers · These workers went to the Commission des relations du travail, the commissioner told them they were workers, unions began to form · In 2003, a newly installed provincial government enacted //Loi sur les services de santé et les services sociaux// [Loi 7] and //Loi sur les centres de la petite enfance et autres services de garde à l’enfance// [Loi 8] to deem that despite any decision made to the contrary, **at-home caregivers were not employees and had never been employees**. · **The effect of Loi 7 and Loi 8 was that the caregivers were not able to engage in collective bargaining.** · The litigants brought an action under s. 2(d) and s. 15 of the //Charter// (seeking access to QLC) · Are //Loi 7// and //Loi 8// unconstitutional (according to s. 2d and 15). **Yes.** · If yes, are the laws justified under s. 1? **No** Grenier J. ·  Found that the impugned laws infringed both on caregivers’ freedom of association and equality rights o Have been in unions – so disbanding, the process of collective bargaining to obtain minimal norms of protection – if you deprive them collective bargaining – deprive them of rights achieved (also highlights that this law was retroactive) · Lots of international used in s.2(d) analysis · In s. 15 analysis ruled that the caregivers were discriminated against on two grounds [1] The enumerated ground of gender (work was gendered) [2] The analogous ground of “at-home care work” – **location is key** – § If these workers were in a private business or in a public enterprise – would not have received the same treatment · Talks about historic disadvantage, stereotyping · Careful to talk about the nature of the work, historical isolation of it and how it had never been accepted as real work · Discusses the vulnerability of the workers, picks up on L’Heureux-Dubé’s discussion of vulnerability in <span style="-moz-background-clip: -moz-initial; -moz-background-inline-policy: -moz-initial; -moz-background-origin: -moz-initial; background: aqua none repeat scroll 0% 0%;">Delisle ·<span style="font-family: "Times New Roman"; font-size-adjust: none; font-size: 7pt; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal;"> Found that these infringements were unjustified, and as such, the Court stuck down //Loi 7// and //Loi 8.// ||
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