By paNOW Staff

TIMELINE: Essential services law in Saskatchewan

Jan 30, 2015 | 11:37 AM

The Supreme Court of Canada has struck down a Saskatchewan law that prevents public sector employees from striking on the grounds it violates the Charter right to freedom of association.

Here’s a timeline to explain how it started:

1999- The government pushed through Bill 23, ordering nurses back to work just shortly after they hit the picket line. Thousands of nurses held a rally where they voted to keep striking. They continued to strike despite a court injunction from the Court of Queen’s Bench that stated they could be held in contempt of court if they didn’t go back to work. SUN provided emergency services during the provincewide strike. The strike ended on April 18, 1999 when the Saskatchewan Union of Nurses reached an agreement with the government.

Late 2006 and early 2007- Highway workers and correctional officers walk off the job after a labour dispute between Saskatchewan Government Employees Union (SGEU) and the government.  Workers returned to work to deal with a looming winter storm.

2007- After winning power in 2007, the Saskatchewan Party introduced the new law, which says employers and unions must agree on which workers are deemed essential and cannot legally strike. In the case those two sides couldn’t agree, employers could dictate who was essential.

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2008- Law is enacted. Court challenges begin on the province’s essential services law and Trade Union Act, known as Bill 5 and Bill 6. 

2012- Regina Court of Queen’s Bench strikes the law down as unconstitutional in February 2012. 

2013- The Saskatchewan Court of Appeal overturns the lower court ruling in 2013, siding with the government.  The labour federation appeals to the Supreme Court.  The Supreme Court says it will hear the appeal over the province’s legislation. 

Dec. 2013- Saskatchewan government introduces amendments to essential services law which are different than the original legislation from six year ago that have been challenged in court. 

There are five key changes that have now been tabled in the legislature:
– Essential services agreements are to be negotiated at an impasse during collective agreement bargaining. It had been required to start essential service negotiations 90 days before the contract expired.
– Definition of “public employer” expanded to include all employers providing an essential public service (ie: ambulance providers).
– Essential services agreement disputes can be taken to a third party arbitrator.
– Unions can now challenge all aspects of an employer’s essential services, rather than just the number of employees that remain on the job.
– A new process to resolve a labour dispute when the level of essential workers renders a strike ineffective.

Jan. 30, 2015- Supreme Court of Canada has struck down as unconstitutional a Saskatchewan lawthat prevents public sector employees from striking.