Tag Archives: Charter Challenge

Media Release: SEIU-West to Reply to Appeal of Court Decision

For Immediate Release – March 8, 2012

Saskatoon – SEIU-West members and leadership are disappointed by the announcement that the Government of Saskatchewan will be appealing the Court of Queen’s Bench decision, which struck down the Public Service Essential Services Act (PSES) as unconstitutional.

“Our members were hopeful that the government would accept the decision of the court and we could work together to create legislation that protects public safety and upholds the Charter Rights of working people,” said Barbara Cape, President of SEIU-West.

The plaintiffs have 15 days to reply to this appeal and SEIU-West will be seeking intervenor status again.

“Do we want to work on this piece of legislation with the government? Yes we do. Our members have always recognized the important role they play in providing services for the public good and this has not changed through the court challenge nor will it in the future,” continued Cape.

SEIU-West represents approximately twelve thousand working people in the province of Saskatchewan. They include members who work in healthcare, education, municipalities, community-based organizations, retirement homes and other sectors.

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For more information, contact:

Christine Miller, Communications Coordinator – 306.652.1011 ext. 2250

For a printable PDF of this release, click on the link below:

Media Release: SEIU-West to Reply to Appeal of Court Decision

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Media Release: The Views of Labour on Essential Services

February 14, 2012

For Immediate Release

Saskatoon – SEIU-West members and leadership welcomed today’s announcement from the Minister of Labour Relations and Workplace Safety, Don Morgan. Mr. Morgan is now seeking input from the Saskatchewan Federation of Labour (SFL) and its affiliates in order to develop an essential services model. Parties should be working towards an essential services model that will ensure public safety, and at the same time, will not diminish the bargaining power of the providers.

Barbara Cape, President of SEIU-West stated: “The decision of Court of Queen’s Bench Justice Ball is truly valued by those of us who have repeatedly sought participation in this process for the last four years. Four years ago today, SEIU-West shared our brief with the [then] Minister of Labour, Rob Norris. While the contents our brief did not positively influence the legislation at the time, the fact that The Public Services Essential Services Act (PSES Act) has now been declared to be unconstitutional does provide us with a sense that the government may recognize a need to be more inclusive with organized labour.”

The letter forwarded today by the Minister of Labour Relations and Workplace Safety sets out a timeline of March 2, 2012 for the submission of written views by the SFL and its affiliates.

Cape noted, “We have waited for four years to begin a conversation with the government on this issue and we require sufficient time to complete the process. This involves the opportunity to sit down with the Minister and determine the kind of information we need to share to lend to a better understanding between the parties.  We believe this will naturally connect to what is appropriate as an ‘essential service’ for Saskatchewan people.”

The decision of Justice Ball acknowledged the broad application of the PSES Act and noted that there was an imbalance of power in favour of employers under the Act. He pointed to the absence of an independent dispute mechanism and he confirmed that the Saskatchewan legislation comes far too close to prohibiting the right to strike.

“We continue to be hopeful that our dialogue will result in a positive outcome for our future negotiations processes and we are eager for all parties to reach a resolution together – for the public good and to support worker’s rights,” added Cape.

SEIU-West represents approximately twelve thousand working people in the province of Saskatchewan. They include members who work in healthcare, education, municipalities, community-based organizations, retirement homes and other sectors.

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For more information, contact:

Christine Miller, Communications Coordinator – 306.652.1011 ext. 2250

For a PDF version of this release, click on the link below:

Media Release: The Views of Labour on Essential Services

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Media Release: Judgment finds Essential Services Legislation Unconstitutional

February 7, 2012
For Immediate Release

Saskatoon – The decision of Court of Queen’s Bench Justice Dennis Ball was well received by members of SEIU-West yesterday. Justice Ball determined that The Public Services Essential Services Act (PSES Act) is unconstitutional because it infringes on Charter rights and freedoms protected by s. 2 (d) to the extent that there is no rational justification for that infringement. Justice Ball’s decision is to be suspended for a period of 12 months to allow time for the Government of Saskatchewan to amend the legislation.

“This decision will mark a date in history that will remain relevant to all of us for a very long time. SEIU-West healthcare members struggled to achieve a fair collective agreement that was negatively impacted by this legislation; a delayed 27 month process which began in the fall of 2008. At the same time, no alternate dispute resolution strategies were available to us. The success of today was long-awaited and well-deserved. We are hopeful that this decision will result in a positive outcome for our future negotiations processes,” said Barbara Cape, President of SEIU-West.

The decision of Justice Ball acknowledged the broad application of the PSES Act and noted that there was an imbalance of power prior to the legislation, however this legislation didn’t fix the imbalance – merely shifted it to another party. He noted the absence of an independent dispute mechanism and he confirmed that the Saskatchewan legislation comes close to prohibiting the right to strike.

Cape added: “Our members desired an opportunity to talk with government about this legislation in 2008. We continue to press government to start that conversation now. We understand the importance of the work we do, whether it’s in healthcare, education, municipalities or other sectors. I think this is a historic moment where all parties come to a resolution together – for the public good and to support workers’ rights.”

SEIU-West represents over 12,000 working people in the province of Saskatchewan who work in the healthcare, education, municipal, community-based, and other sectors.

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For more information, contact:

Christine Miller, Communications Coordinator – 306.652.1011 ext. 2250

Click on the link below to download the PDF version of this media release:

Media Release: Judgment finds essential services legislation unconstitutional

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ATTENTION SEIU-WEST MEMBERS: A Victory For All Working People!

Justice Ball released his judgment today in the case of the SFL and Intervenor Unions (SEIU-West, CUPE & SUN) and the Charter challenge as against the provincial government and others (public employers including Regional Health Authorities).

A Victory For All Working People!

Saskatoon – We are pleased to advise that Justice Ball concluded that The Public Service Essential Services Act (‘Essential Services law’) is indeed an infringement upon your freedom of association under the Charter, and in a manner that cannot be justified under section 1 of the Charter. Therefore, the ‘Essential Services law’ is declared to be of no force or effect, with this declaration being suspended for the next 12 month period. This means that the Saskatchewan ‘Essential Services law’ has been found to be unconstitutional.

This decision confirms that government measures which interfere with the ability of workers to associate for the purpose of promoting work related interests is a violation of the guarantee of the freedom of association.

What does this mean for SEIU-West members who will soon be returning to a provincial health care bargaining process? We are hopeful that this decision will instigate the Sask Party Government, the Minister of Health, the Department of Health, the Saskatchewan Association of Health Organizations and the Regional Health Authorities to take notice: in the prior set of provincial health provider negotiations, a fair collective agreement was not achieved. The imbalance to these negotiations came as a direct result of the ‘Essential Services law’.

An essential services plan should not provide a HIGHER complement of STAFFING than what is experienced any other day in health care. Essential Services should not effectively eliminate any meaningful collective activities in support of your bargaining effort. It should not undermine the good faith that is a necessary component to collective bargaining.

A full copy of the February 6, 2012 judgment can be reviewed at www.seiuwest.ca on the home page.

We wanted to share our good news and we will keep you posted on all future developments!

Barb Cape
President
SEIU-West

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SFL PLEASED BY COURT DECISION TO PROTECT WORKING PEOPLE’S CHARTER RIGHTS

Monday, February 06, 2012

I have determined that the rights to bargain collectively and to strike are protected by s. 2(d) of the Charter. The Public Services Essential Services Act infringes on those rights by empowering all public sector employers to make non-reviewable decisions that can effectively preclude the capacity of their employees to engage in meaningful strike action, and thus to engage in meaningful collective bargaining.

- Justice Dennis Ball

Earlier this afternoon, the Saskatchewan Court of Queen’s Bench released a historic decision protecting the rights of working people across the province. In a landmark decision, Justice Dennis Ball has determined that the Provincial Government’s Bill 5, which limits the rights of working people, is not constitutional…

Click on the link below to see the full release or visit: ww.sfl.sk.ca

SFL News Release – Charter Challenge Decision

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Good News from the Queen’s Court Bench: Charter Challenge

Click on the link below to read the outcome of SFL v. Province of Saskatchewan:

SFL v Province of Saskatchewan QBG 1059 of 2008

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