ICJ Rules Right to Strike Protected Under International Law, CLC Warns Against Labour Code Erosion

Event summary

  • The International Court of Justice (ICJ) ruled on May 21, 2026, that the right to strike is protected under International Labour Organization (ILO) Convention 87.
  • The Canadian Labour Congress (CLC) played a key role in advancing the case before the ICJ, contributing Canadian labour context and financial support.
  • The ruling comes as Canadian workers face growing pressure on collective bargaining rights, including Alberta's use of the notwithstanding clause to override striking teachers' rights.
  • Federally, the government has increasingly used section 107 of the Canada Labour Code to break legal strikes, raising concerns about further restrictions on workers' job action.

The big picture

The ICJ's landmark ruling solidifies the right to strike as a protected international labour right, ending decades of dispute. This decision comes amid heightened tensions in Canadian labour relations, with provincial and federal governments increasingly intervening in strikes. The ruling could influence future labour legislation and disputes, particularly in sectors where collective bargaining power is under threat.

What we're watching

Regulatory Headwinds
Whether the ICJ ruling will deter Canadian governments from further weakening labour laws, particularly the Canada Labour Code.
Governance Dynamics
How unions in federally-regulated industries will respond to the government's consultations on changes to the Labour Code.
Execution Risk
The pace at which provincial governments like Alberta's may challenge the ICJ ruling in future labour disputes.