Key parts of Bill 29 declared unconstitutional
Vancouver (7 Sept. 2007) -– Three months after the Supreme Court of Canada decision on collective bargaining rights, the B.C. Government and Service Employees' Union (BCGEU/NUPGE) -– and other health care unions -– met for the first time Thursday with government officials to begin talks on bringing the province into compliance with the ruling.
The country's highest court gave the Liberal government of B.C. Premier Gordon Campbell one year to amend Bill 29, its infamous 2002 contract-stripping law. The court ruled that key sections of the law are unconstitutional.
Following the meeting, the BCGEU issued a statement that said in part:
"Today's initial meeting with government included representatives from the four union bargaining associations that negotiate on behalf of nearly 100,000 health care workers. The parties exchanged perspectives on the meaning of the court ruling and agreed to engage in a series of negotiations.
"On broader issues, all four bargaining associations will meet jointly with government. Issues specific to individual bargaining associations will be negotiated separately with government and health employers.
"The unions are optimistic that in addition to restoring workers' rights, the talks will provide an opportunity to find solutions that improve health care delivery to the public."
Workers were severely impacted
Bill 29, The Health and Social Services Delivery Improvement Act, eliminated or curtailed provisions in legally-negotiated contracts that resulted in job losses for workers, mostly women. For many others, the legislation resulted in limited career options, lower pay and arbitrary transfers.
The legislation paved the way for the most extensive privatization of health care services in the country and the closure of dozens of health care facilities across the province.
The June 8 court decision established for the first time that collective bargaining is protected under the freedom of association provisions of the Canadian Charter of Rights and Freedoms.
The court declared that three key provisions of Bill 29 -– eliminating or limiting contracting out, bumping and layoff protections in collective agreements -– violated this right.
B.C. Health Minister George Abbott agreed on Aug. 2 to an earlier request from health unions for a meeting to begin talks on how best to implement the court‘s ruling. NUPGE
Supreme Court Decision:
- Supreme Court of Canada affirms labour rights are human rights
- Complete Text: Supreme Court of Canada decision
- NUPGE labour rights page
More information:
- HSABC welcomes talks on Supreme Court ruling
- Campbell Liberals ignoring Supreme Court ruling
- James Clancy: much work remains after Supreme Court ruling
- Labour rights are human rights: NUPGE Convention 2007
- BCGEU outlines impact of ruling for workers
- UN agency condemns violations by B.C. Liberals
- B.C. unions lose provincial court challenge
- B.C. unions will appeal to Supreme Court of Canada
- Full Text: Court of Appeal of British Columbia
Background materials (B.C.)
- The ILO's full decision on case #2324 against the B.C. government pdf
- The ILO's recommendations from case #2324 against the B.C. government pdf
- Summary of B.C. legislation restricting collective bargaining and trade union rights

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