Essential services law deemed unconstitutional by Supreme Court

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
39,778
454
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Essential services law deemed unconstitutional by Supreme Court

The Supreme Court of Canada has struck down as unconstitutional a Saskatchewan law that prevents public-sector employees from striking.

By a 5-2 majority, the high court granted an appeal by the Saskatchewan Federation of Labour of the province's controversial essential services law that restricts who can strike.

The decision was immediately hailed by labour groups.

"Today's decision levels the playing field for workers by placing checks on the power of governments, as employers, to legislate unfair essential services arrangements that tip the scales in management's favour," Canadian Labour Congress president Hassan Yussuff said in a news release.

Implications across Canada

The ruling will affect public service unions in provinces across the country.

"Some but not all," Labour Relations Minister Don Morgan said Friday in reference to the amended law that has been passed but not proclaimed.

"It is a starting point."

The province will examine its legislation to see if further changes are required, he said.

"There is now a constitutionally protected right to strike in our country," Morgan said.

...more...

http://www.cbc.ca/m/news/canada/sas...d-unconstitutional-by-supreme-court-1.2937740
 

coldstream

on dbl secret probation
Oct 19, 2005
5,160
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Chillliwack, BC
Well does that mean police forces can strike, or the military.

I'm all in favour of allowing strong unions, they're good for the country. But adjudicating anything on the basis of facile 'human rights'.. absent all overriding responsibility to the community or society as a whole is foolhardy in the extreme.

The Supreme Court is increasingly imposing itself and supreme government of the country.. using the Charter of Rights and Freedoms as its weapon to usurp power from Legislatures and Parliaments.

The Court is composed of intellectual and moral mediocrities, political hacks.. like Bev MacLaughlin our lamentable Chief Justice and a radical 60s era feminist.. who are uttery unresponsible and unresponsive to the people of Canada. It is little short of a judicial tyranny.. enabled by the gutlessness of government to enforce the Notwithstanding Clause.

A Charter with the force of law is an anathema to a Parliamentary system, which does not have the checks and balances to control it. It was PE Trudeau's biggest blunder. It has clogged the court with inane 'human rights' cases, and dramatically unravelled the national consensus.. as all sides are now pitted against each other.. with the SCOC deciding the 'winner' in a bitterly polarized country.

It's been a disaster.
 
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petros

The Central Scrutinizer
Nov 21, 2008
109,396
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Low Earth Orbit
Great. Now to get all the public sector unions to shut the country down.
Private sector will fill in the gaps faster than you can say worker's paradise

Did you hear of the Shut Down Canada thing mid Feb? Cliffy and all the other "warriors" were sure it would be a grand victory.


“This is probably my most embarrassing moment as an activist ever,” Johnson said. “We thought we had it planned, but apparently we did not.”

FFS
 

taxslave

Hall of Fame Member
Nov 25, 2008
36,362
4,337
113
Vancouver Island
what do you mean?like scab work?A scab is a scab,loyal to none!

Contract out services. Most government services do not require government employees to carry them out. Hospitals, ambulance, garbage collection,and utility services can all be contracted out. Our highways maintenance has been contracted for decades.
 

MHz

Time Out
Mar 16, 2007
41,030
43
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Red Deer AB
Good way to shut down all public utilities and sent the people home for good, the money saved can help out the admin of thiose utilities retire to someplace that still has the same utilities labeled as essential services.
 

personal touch

House Member
Sep 17, 2014
3,023
0
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alberta/B.C.
Contract out services. Most government services do not require government employees to carry them out. Hospitals, ambulance, garbage collection,and utility services can all be contracted out. Our highways maintenance has been contracted for decades.
these concepts have there failures too,take this example from Alberta.
privatization of services is now under assessment ,the dollar may be the bottom line,but with this has come problems,recognizing these problems in such a perfect design is a problem,admitting wrong comes with admitting existing prejustices
here in rural alberta our wait times for an ambulance has increased by large margins,is this right?,that people in the City have an effective response time while rural individuals have hazardous response times,who decides this?
we in Alberta have had the likes of old thinking for so long,the "privatization"plan has failed us in so many levels,from agrigculture to health.
meanwhile we have Senators,MPs,Justices,etc taking millions without scrutnity.
Hail the "whiskey and Water" syndrome.
i would not wish for privatization for others as we have experienced,this is a horrible design.

.. And the Unions are loyal to themselves only.

The Essential Services Clause was the last big component that would keep a union in place... Get rid of that clause and the door swings wide open to break any union that tries the old blackmail-society schtick
what do you know about unions and more so the money that is invested in our province as a result of unions,the financial gains are huge for our employer,i dare them to try to break us,i would be taking more home as a result of "breaking unions",this is a good thing.captain morgan check out what the Alberta government made in using union money,let me know if the governement would like to lose this cash cow??
 

captain morgan

Hall of Fame Member
Mar 28, 2009
28,429
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A Mouse Once Bit My Sister
these concepts have there failures too,take this example from Alberta.
privatization of services is now under assessment ,the dollar may be the bottom line,but with this has come problems

Privatization in AB has been highly successful. Roads, liquor distribution and select medical services have resulted in the public having greater access to these services/products and witness lower costs as compared to their counter parts in jurisdictions where the same are the exclusive realm of gvt

meanwhile we have Senators,MPs,Justices,etc taking millions without scrutnity.

Any links to substantiate this?

what do you know about unions and more so the money that is invested in our province as a result of unions,the financial gains are huge for our employer,i dare them to try to break us,i would be taking more home as a result of "breaking unions",this is a good thing.captain morgan


I would very much like to learn about the capital that is invested in AB as a result of Unions... If your argument is that select union pension funds that are investing in AB, that is because they decided the ROI vs security was better here then it was elsewhere.

ALl the same, I still want to hear your comments on the above.

As per: "i dare them to try to break us", Klein damn near did exactly that to the ATA... You will notice that they rarely have gone on strike since then

check out what the Alberta government made in using union money,let me know if the governement would like to lose this cash cow??

Again, direct me to some specifics, particularly regarding the union money you speak of.
 

personal touch

House Member
Sep 17, 2014
3,023
0
36
alberta/B.C.
Privatization in AB has been highly successful. Roads, liquor distribution and select medical services have resulted in the public having greater access to these services/products and witness lower costs as compared to their counter parts in jurisdictions where the same are the exclusive realm of gvt



Any links to substantiate this?




I would very much like to learn about the capital that is invested in AB as a result of Unions... If your argument is that select union pension funds that are investing in AB, that is because they decided the ROI vs security was better here then it was elsewhere.

ALl the same, I still want to hear your comments on the above.

As per: "i dare them to try to break us", Klein damn near did exactly that to the ATA... You will notice that they rarely have gone on strike since then



Again, direct me to some specifics, particularly regarding the union money you speak of.[/Q
Is the specifics you ask about, short for saying "where is the proof"?
Have you noticed the ATA have select hours for direct teaching?they have modified their work hours to suit their rate of pay and work conditions.there are no winners when messing with essential services of public responsibility,ATA has demonstrated this.
the latest reports state the problems which have occured as a result to privatization or some may call,'self government"are now evident,the recent report of the tragic events in Quebec of the rail fire, is one item of proof whichis of high profile.
Privatization does not come without problems?do you believe this?Yes i know you are not one of those people who say we don't need to give employees high wages to package a bottle in a brown bag,but sometimes you sound like that type of thinker.
Regional vs none regional health care,and private contracting is another area of assessment to determine if the public dollar is being correctly utilized.
And really does the ATA need any more days off,of course they have not gone on strike,they are making the same wage,and have double the days off,brillant,dam brilliant,this is what unions look like when looking after their members.Ralph Klien's era is nothing to write home about in the union breaking mode,you were joking were you not?
what i am saying with ,"I would like to see them break us",is I believe my governement reaps many benifits with the exisiting structure,more so financial benifits,so with this win situation why would they attempt to break something that is so good.
Our coexistance is a win win situation,
unfortunately i do not think like yourself,.......the "us" against "them"theory. This statement was in no means a challenging statement.
Privatization of the health industry,makes the design open to civil and the criminal system,does it not?This is no savings for Canadians.
you never specified why you are so interested in privatization and scab work of the public service industry,
cheers