Appealing decision

The Government of Saskatchewan will appeal a Court of Queen's Bench ruling which struck down the province's essential services legislation as being unconstitutional. The basis for the government's appeal rests with the judge's decision that the right to strike is constitutionally protected.

"We remain committed to essential services legislation to ensure the health and safety of citizens is protected during a workplace dispute," Labour Relations and Workplace Safety Minister Don Morgan said.

The Court of Queen's Bench ruling upheld the principle of essential services and gave the government the opportunity to amend the essential services legislation in areas where it is necessary.

"We have every intention to hear from organized labour and to try to develop more effective legislation," Morgan said. "However, the Court of Queen's Bench decision strikes down an important piece of legislation and breaks new ground in stating that there is Charter protection for the right to strike. This right, if upheld, will have much broader implications than simply for essential services legislation. Accordingly, the government believes that this issue deserves the consideration of the province's Court of Appeal."

The government had 30 days from the date of the court's ruling to file its appeal. The court decision was delivered on February 6, 2012.