Court decision comes down

The Saskatchewan Court of Queen's Bench delivered its decision on two pieces of provincial labour legislation: Bill 5, The Public Services Essential Services Act and Bill 6, The Trade Union Amendment Act, 2007.

The ruling upheld Bill 6 but found elements of Bill 5 to be unconstitutional. The court upheld the principle of essential services legislation, which exists throughout Canada.

"In summary, Canadian and international law supports the restriction or prohibition of strikes by essential services employees provided that it is based on a minimal and proportional analysis and, where strike action is substantially abrogated, accompanied by a fair and adequate resolution scheme," Justice Dennis Ball wrote in the decision.

The court is allowing Bill 5 to remain in place for one year, to give the provincial government time to resolve the issues.

"Our government remains 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. "For people travelling on winter highways or requiring emergency health care in our hospitals, it is imperative that we ensure services are available when needed.

"The ruling upholds the principle of essential services and gives reasonable opportunity to amend the essential services legislation in areas where it is necessary. As well, we are pleased that our changes to The Trade Union Act were completely upheld in the decision."

The case was heard in the Court of Queen's Bench in November and early December 2011.