What is the test for determining whether a collective bargaining agreement includes freedom of speech or freedom of expression?
Saskatchewan, Canada
The following excerpt is from Blomander v. Canada Post Corp., 2000 SKQB 585 (CanLII):
It appears that the decision of the majority overlooked, or ignored, the fact that the Weber v. Ontario Hydro decision clearly stated that it is necessary to determine the nature of the underlying dispute between the parties, in order to decide whether it fell within the ambit of the collective bargaining agreement. The underlying dispute was not defamation, or freedom of speech; it was working conditions.
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