Supreme Court will hear B.C. contract case in early 2006

B.C. health care unions take Campbell government to Canada's top court

Vancouver - The legality of Bill 29, the legislation used by B.C.'s Liberal government to shred signed collective agreements in 2002, will go on trial in the Supreme Court of Canada early in 2006.

The country's top court will hear the legal arguments advanced by B.C. health care unions on Feb. 8-9 to determine whether the legislation violates basic rights protected by Canada’s Charter of Rights and Freedoms.

The British Columbia Government and Service Employees' Union (BCGEU/NUPGE), in co-operation with the Hospital Employees’ Union and the B.C. Nurses Union, has argued throughout the long legal battle that the bill is heavy-handed and violates both equality and freedom of association rights guaranteed by the constitution.

During the election campaign that brought him to power in 2001, Premier Gordon Campbell pledged to respect existing public sector contracts.

Once elected, Campell did the opposite. He announced a $1-billion tax cut on his first day in office, disproportionately benefiting upper income groups. Then, pleading poverty, he rammed through Bill 29 on Jan. 29, 2002, abrogating public sector contracts that had previously been negotiated and signed with the province.

The bill, which has been criticized by the United Nation’s International Labour Organization (ILO), arbitrarily eliminated key contract provisions such as job security, limits on contracting out, seniority, successorship and labour adjustment programs.

It also paved the way for the Campbell government to launch an aggressive scheme of health care privatization in which thousands of workers — mostly women — were fired.

BCGEU staff counsel Ken Curry is hopeful that the Supreme Court will overturn the draconian legislation and restore fundamental human rights for thousands of health care workers.

“This legislation has had a devastating impact on the lives of so many workers,” says Curry. “That’s why our legal team will be working hard to have it struck down.” NUPGE

More information:
• UN agency condemns violations by British Columbia
• NUPGE files more complaints against B.C. Liberals
• B.C. Liberals ordering health care unions back to work
• NUPGE seeks ILO investigation of Ontario and B.C.
• NUPGE urges ILO to send special mission to B.C.
• Sweeping ILO ruling slams actions of B.C. Liberals
• NUPGE seeks special investigation of B.C. Liberals
• Unions challenge Bill 29, B.C.'s contract-busting law

Web posted by NUPGE: 19 August 2005

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