07) SFL WELCOMES SUPREME COURT RULING

PV Vancouver Bureau

            Working people won a major victory on Jan. 30 when the Supreme Court of Canada (SCC) ruled on a case brought forward by the Saskatchewan Federation of Labour (SFL) and its affiliates. The precedent-setting 5-2 decision found that the Saskatchewan Party government’s Public Service Essential Service Act (Bill 5) is unconstitutional because it violates the right to strike, which is protected by the Charter of Rights and Freedoms.

            The SFL says the ruling means that any government that tries to limit the rights of working people will be vulnerable to legal challenges. Stronger legal protection for the right to strike, according to the Federation, will help workers to form unions and bargain collectively for fair wages and working conditions, countering the power wielded by employers.

            “Saskatchewan’s labour movement has always fought for the rights of working people, protected the public during labour disputes, and ensured that job action is a last resort,” said SFL president Larry Hubich, “however, the recognition of the right to strike is necessary to restore the balance between workers and employers.”

            “As Canadians we value the Charter of Rights and Freedoms. So this decision today is not just a win for working people, it is also a victory for the values of fairness we all share,” said Hubich, “it is my hope that the Saskatchewan Party government will recognize its mistake, and pledge to never again let its ideology get in the way of good public policy.”

            Observers agree that the ruling raises the bar for federal and provincial governments in their dealings with public sector employees, by affirming the right to strike as constituti0onally protected.

            The Supreme Court gave Saskatchewan one year to enact new legislation, and warned that any new law must be fair to workers. The same principle was used in another recent SCC ruling to allow RCMP members to form unions or associations.

            After winning election in 2007. the Saskatchewan Party introduced Bill 5, stating that if employers and unions are not able to agree on which workers are deemed essential and cannot legally strike, the government gets to decide.

            The majority of the Supreme Court judges ruled that such unilateral power violated the section of the Charter of Rights and Freedoms that protects freedom of association.

            Saskatchewan Labour Minister Don Morgan initially said his government’s original legislation “could have been done far better than it was." But since then, his government has warned that it may use the infamous “notwithstanding clause” to veto the Charter.

            Hassan Yussuff, president of the Canadian Labour Congress, said the ruling will force government's to craft more careful legislation to stop essential workers from striking, compared to the "much more cavalier" approach it has taken in the past.

            "The government needs to take a great deal of care if they're going to intervene to interrupt that right of workers," said Yussuff.

            Bill 5 was widely seen as retribution against public sector workers, after a strike by thousands of nurses in 1999 and another by highway workers and correctional officers in late 2006 and early 2007.

            Court challenges began in 2008, and the Regina Court of Queen's Bench struck it down as unconstitutional in February 2012. After the Saskatchewan Court of Appeal overturned that ruling in 2013, the SFL appealed to the Supreme Court and succeeded.

            The ruling could affect public service unions across the country, such as in Nova Scotia, where the Liberal government imposed a controversial essential services law for health care workers last April. Newfoundland and Labrador and British Columbia have similar laws on the books.

(The above article is from the February 15-28, 2015 issue of People's Voice, Canada's leading socialist newspaper. Articles can be reprinted free if the source is credited. Subscription rates in Canada: $30/year, or $15 low income rate; for U.S. readers - $45 US per year; other overseas readers - $45 US or $50 CDN per year. Send to People's Voice, c/o PV Business Manager, 706 Clark Drive, Vancouver, BC, V5L 3J1.)