Right to strike: Supreme Court ruling forces change to Sask. labour laws

Walking on a picket line is now a right, said a decision from the Supreme Court of Canada on Fridayabout Saskatchewan’s essential services legislation.
 
The Saskatchewan Federation of Labour took the case regarding the constitutionality of the Essential Services Act and the Trade Union Amendment Act through the courts, ending up in front of the Supreme Court of Canada. The court ruled the Essential Services Act is unconstitutional and told the Government of Saskatchewan to amend it.
 
“It sounds like what they’re saying is that the right to strike is an integral part of the collective-bargaining process, and to take that away makes collective bargaining not effective …  thus puts all the cards in the hand of the employer, in this case the government. And that process, (the Supreme Court) argues is unconstitutional,” explained Charles Smith, a political science professor at the University of Saskatchewan.

See a complete timeline of Saskatchewan’s Essential Services Act.
 
Smith called the ruling a landmark because it could cause ripples across Canada.

He also called it surprising.
 
“In the 1980s when this court was asked the same question, it was quite clear that there was not a constitutional right to strike.”
 
He said it’s not often that the Supreme Court overturns its own precedent.
 
While the decision basically enshrined the right to strike for workers, it also said that there is a right for the government to declare essential services. 
 
“You’re not going to see police and ambulance workers having the right to strike tomorrow,” said Smith.
 
Smith said the court’s problem was with the sweeping nature of the act to declare workers essential.
 
The court challenges began in 2008, but at the end of 2013, the government of Saskatchewan introduced amendments to the Essential Service Act. So Smith said the government will have to look at the act with the amendments and decide whether it complies with the decision.
 
“They’ll probably come up with some sort of binding arbitration plan that gives those workers a say and it’s really keeping that discussion going that the Supreme Court wants to see happen.”
 
Smith said that it’s an important day for labour groups, and could even have an effect in the private sector. But he said it could take some time to work out the implications.

Some workers unsure what ruling will mean

Outside City Hospital in Saskatoon, people had varying opinions on the Supreme Court decision.

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Gary Rittinger said he is not sure he agrees with the ruling.

“They should be forced to negotiate without striking and disrupting everything. I think it’s incumbent upon the parties to negotiate,” he said.

“If they can’t negotiate then there should be mediation. Either way solve all these things without striking.”

Walking from the hospital doors, Andrew Leach said there are some occupations that are just too necessary for the general public.

“I think people have the right to defend the integrity of their job but at the same time when you are within a certain role you have a responsibility to the public you serve,” he said.

On the other side of the spectrum, Daniel Guiboche said the Supreme Court got it right.

“I think people have the right to strike. That’s one of our rights that we have,” he said, adding that there could still be regulations.

“They should be allowed to strike maybe a certain amount of time. But if lives become endangered I think they need to go back to work.”

Labour groups call ruling a historic win

The Saskatchewan Federation of Labour (SFL), along with union leaders from across the province, is celebrating what they call a historic win. 

The legal battle with the government over Saskatchewan’s Essential Services Legislation has gone from court to court for seven years. But the legal team for the SFL says this ruling is also a big step forward for the labour movement across Canada.

“This is a historic decision for Canadians, Canadian workers and the development of the Charter of Rights and Freedoms,” commented Craig Bavis who was part of the legal team for the SFL. “The Charter of Rights and Freedoms was introduced in 1982 and it has taken us 33 years to finally establish that Canadian workers have a constitutionally protected right to strike.”

The decision clarifies the right to strike is a necessary component of the right to meaningful collective bargaining. The ruling stops short of saying there can be no essential services legislation. Instead, Bavis says it puts the onus on governments to fully justify any kind of restriction on the right to strike under the constitution.

Saskatchewan won’t be the only government who will need to go back to the table to rethink labour laws regulating strikes. Several other provinces have similar essential services legislation on the table.

It may also impact back to work legislation which has been used several times in the federal sector.

Work to amend act already under way

Saskatchewan Labour Minister Don Morgan says the Supreme Court’s ruling changes the landscape of how essential-services legislation can be written everywhere. However, the province has already passed, but not proclaimed, new legislation for essential services.

“(This) is not the piece of legislation that is subject to this court challenge. That piece of legislation that we have passed but not proclaimed identifies and addresses some of the issues raised by the Supreme Court. It will, however, likely require some changes to ensure compliance.”

Morgan said the province now has to review both the ruling and their new provisions thoroughly before engaging in some consultation to make sure the new legislation complies with the ruling.

“There is now a constitutionally-recognized right to strike in our country. That’s something that did not specifically exist before. And I think that’s something that all provinces and all jurisdictions are going to have to deal with.”

Morgan could not provide a total of costs incurred by the province from the court proceedings, but estimated it would be hundreds of thousands of dollars.

With files from CKOM’s Kelly Malone and CJME’s Lisa Schick, Adriana Christianson and Courtney Markewich.

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