The Progress of Labour Rights in Canada, Part 2: Legal Recognition and Growing Power

How Canadian workers gained formal rights to unionize and bargain collectively

In Part 1 of our series, we looked at how early acts of solidarity in 1872 and 1919 laid the foundation for labour rights in Canada. But while public support and political pressure sparked change, workers still lacked formal legal protections for much of the early 20th century.

In this next chapter, we explore how Canadian labour rights moved from protest to policy, when governments began to recognize the right to unionize and bargain collectively. These milestones shaped the framework that protects workers today.

1944 – Wartime Labour Relations Regulations (Order-in-Council P.C. 1003)

During World War II, Canada faced increased industrial demands, but also growing labour unrest. Strikes were common as workers pushed for better wages and conditions while supporting the war effort.

In response, the federal government introduced Order-in-Council P.C. 1003 in 1944. Modeled after similar U.S. legislation, it was a groundbreaking regulation that:

• Legally recognized the right to unionize,
• Required employers to bargain in good faith, and
• Prohibited unfair labour practices by employers.

For the first time, Canadian workers had a formal legal foundation for collective bargaining – no longer relying solely on public sympathy or political goodwill.

Why It Matters:
P.C. 1003 is considered the cornerstone of modern Canadian labour law. Many of its principles still influence provincial labour relations acts today.

1965 – The Postal Workers Strike: Public Sector Voices Rise

While private sector workers were gaining ground, public sector employees (i.e those working for government bodies) were still denied the right to strike or bargain collectively in many areas.

In 1965, Canadian postal workers defied these restrictions and launched an illegal national strike, demanding better wages and working conditions. Despite the risk of penalties, their action garnered widespread public support.

The strike ended with significant concessions from the government, and more importantly, it triggered reforms that extended collective bargaining rights to federal public service workers.

Why It Matters:
This was a turning point for public sector unions. It demonstrated that even without formal rights, organized action could force legislative change, leading to greater recognition of public employees’ rights across Canada.

Building the Legal Backbone of Labour Rights

The mid-20th century marked a shift in Canada’s labour landscape. No longer were workers relying solely on strikes and protests: labour rights were becoming entrenched in law.

These developments were critical not only for unionized workers but also for shaping broader workplace standards, including fair negotiation processes and protection from employer retaliation.

At Nelligan Law, we continue to work within this legal framework – supporting unions and employees in navigating collective agreements, bargaining rights, and labour disputes. The rights recognized in the 1940s and 1960s remain vital tools for protecting fair treatment at work.

In our next post, we’ll look at how organized labour flexed its strength through mass mobilizations, and how workers responded to new challenges in the decades that followed.

If your union or workplace is facing labour relations issues, our experienced team is here to help. Reach out to us at info@nelliganlaw.ca.