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"Obviously, we would rather not be in the position of taking our government to court, but we believe that Bills 5 and 6 represent significant infringements upon the fundamental rights of Saskatchewan working people" - Larry Hubich, President Saskatchewan Federation of Labour.
Regina (25 June 2013) - The Saskatchewan Federation of Labour (SFL), Saskatchewan Government and General Employees' Union (SGEU/NUPGE) and other unions are making an application for leave to appeal to the Supreme Court of Canada, in the matter of the constitutionality of the Government of Saskatchewan’s Bills 5 and 6 – so-called “essential services” legislation and amendments to Saskatchewan’s Trade Union Act. Canada’s highest court will now consider whether or not to hear the case.
Infringement on fundamental rights of Saskatchewan's working people
“It is extremely unfortunate that we’ve gotten to this point,” said SFL President, Larry Hubich.
“Obviously, we would rather not be in the position of taking our government to court, but we believe that Bills 5 and 6 represent significant infringements upon the fundamental rights of Saskatchewan working people. It is our responsibility, on behalf of the people of the province and on behalf of the generations of people that struggled for the rights we enjoy today, to challenge laws that we believe to be unconstitutional.”
Important decision by Saskatchewan Court of Appeal
In April, the Saskatchewan Court of Appeal released an important decision recognizing that Canadian law has evolved to a point where a right to strike may be protected by the Constitution. At numerous points, the Court of Appeal notes that, though it could not overturn previous Supreme Court decisions respecting a right to strike, striking could very well be a fundamental right protected by the freedom of association.
Unions have responsibility to challenge laws that impinge on working people's rights
“Working people and their unions have a responsibility to challenge laws that unfairly constrain people’s rights. Though the Court of Appeal decision does not strike down the Government of Saskatchewan’s 2008 legislation, it recognizes that Charter rights are constantly evolving. We believe it is time for the Supreme Court to recognize that Saskatchewan people enjoy a right to strike that is constitutionally protected. We are also asking the Supreme Court of Canada to declare that the 2008 changes to the Saskatchewan Trade Union Act substantially interfere with workers’ right to form unions of their own choosing for the purpose of bargaining collectively with their employers.”
In 2010, the United Nation’s International Labour Organization (ILO) found that Bills 5 and 6 violate Canada’s international law commitments and workers’ rights. Despite the ILO’s request that the bills be changed in a way that respects people’s fundamental rights, the provincial government has not revised them.
NUPGE
The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE