The Saskatchewan Court of Queen's Bench delivered a decision on two pieces of provincial labour legislation Feb. 6, Bill 5, the Public Services Essential Services Act and Bill 6, the Trade Union Amendment Act, 2007.
The case was heard in the Court of Queen's Bench in November and early December 2011.
The court upheld Bill 6, but found elements of Bill 5 to be unconstitutional.
Summarizing the basis for his decision, Justice Dennis Ball wrote "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." He found Bill 5 to be lacking "fair and adequate resolution schemes."
The court allowed Bill 5 to remain in place for one year, to give the provincial government time to resolve the issues.
Speaking on the decision, Labour Relations and Workplace Safety Minister Don Morgan stated, "Our government remains committed to essential services legislation to ensure the health and safety of citizens is protected during a workplace dispute. 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."
Saskatchewan unions were also quick to comment on the decision. In a statement released Feb. 7, the Saskatchewan Union of Nurses explained they were "pleased" with Justice Ball's decision, though they had not yet had the time to review it fully.
The Saskatchewan Government and General Employees' Union also released a statement that day, describing the decision as one that "[protects] the rights of working people across the province," and provides "an opportunity for the government and the unions of Saskatchewan to re-visit their relationship and work together to move the province forward."
Fundamentally, the case is concerned with the extent to which the Charter of Rights and Freedoms protects the right to strike, and the extent to which judges can overturn legislation. It is also considered to be the first time in Canada an essential services law has been argued to be unconstitutional and the first case to say that a right to strike is guaranteed by the Charter of Rights and Freedoms.
Legal commentators indicate it is extremely likely the government will appeal the decision.
