LE RÔLE DU JUGE DANS L’ÉVOLUTION DU DROIT ET LA JURISPRUDENCE DU JUGE LEBEL EN MATIÈRE DE LIBERTÉS FONDAMENTALES LIÉES AU TRAVAIL

Abstract

In his years on the Supreme Court of Canada, Justice LeBel put his stamp on the development of labour law by contributing, most notably, to the determination of the meaning and scope of freedom of expression and freedom of association. The first part of the paper presents a few of Justice LeBel’s reflections, which help us understand how he saw the judge’s role, his vision of Canada’s legal systems, and how he interpreted the Charter. The second part examines how that vision is reflected in certain decisions dealing with fundamental freedoms in a labour context. Justice LeBel played a key role in the evolution of freedom of association. The jurisprudence is now infused with international law, comparative law, and the history of labour, and is sensitive to how the challenges of globalization impact Canadian law. But beyond that extensive contribution, there is also and above all his vision of the law and the judicial function. A philosophical stance that is present throughout his jurisprudence influences his decisions on fundamental freedoms in a labour context.