We have launched our challenge to Bill 148 on behalf of our Civil Service members
In 2015, the Supreme Court ruled that the government of British Columbia acted unconstitutionally when it stripped away previously negotiated sections of the BC Teacher’s Agreement. What the McNeil government is trying to do here with Bill 148 is the same thing.
On August 30, NSGEU, through its legal counsel, served Notice of Intended Action in the Nova Scotia Supreme Court in which we claim that Bill 148 contravenes s. 2(d) (Freedom of Association) of the Charter of Rights in regards to Civil Service bargaining. Attached are the NSGEU’s documents, prepared and filed by Pink Larkin.
On Wed. Sept. 6, the NSGEU along with seven other unions led by the Nova Scotia Federation of Labour (NSFL) announced at a press conference that we were seeking party status in the review of Bill 148 by the Court of Appeal. Click here for press release
The Premier and his Minister said numerous time, they had sent Bill 148 to the Nova Scotia Court of Appeal for a legal opinion on its constitutionality. An opinion they said with confidence would come back in their favour.
However, less than 48 hours later we found out this is not the whole truth. The McNeil Government only sent sections 7 through 19 of the Bill to the court. They did not submit the section that strips us of our retirement allowances. We do not think this Bill is constitutional and we are asking members to contact your local MLA and encourage them to pressure McNeil to submit the entire Bill 148 to the court for review.
We asked you to help and write letters to your MLAs to press McNeil to bring the entire Bill for review. We also launched an ad campaign in all the major and community papers. Unions from across the province joined together for a rally at the opening of the legislature on September 21 to demand this as well as the full repeal of the Bill.
On October 4, government announced they were amending their judicial review of Bill 148 to include the articles that strips working people of benefits they earned in previous collective agreements. You told the government and it seems, they had to listen.
We will be adding information here. Check back for the latest about what we are doing to challenge this Bill.
Jason MacLean Interviewed on CTV by Steve Murphy about Local 148 – http://atlantic.ctvnews.ca/video?clipId=1193658
MacLean vs McNeil – Halifax Examiner – https://www.halifaxexaminer.ca/province-house/examineradio-126-maclean-vs-mcneil/
Union turns up heat over lost retirement bonus for Nova Scotia’s public sector – Canadian Press – http://www.humboldtjournal.ca/union-turns-up-heat-over-lost-retirement-bonus-for-nova-scotia-s-public-sector-1.22166003
Union cries foul over limited constitutional review of wage package deal – CBC – http://www.cbc.ca/news/canada/nova-scotia/union-nsgeu-bill-148-constitutional-review-wage-package-deal-1.4261028
NS Liberals leave out contentious portion of Bill 148 in request for constitutional review – Global News – http://globalnews.ca/news/3693046/liberals-bill-148-constitutional-review/
NS Premier under fire for MLA’s transition allowances – CTV News – http://atlantic.ctvnews.ca/n-s-premier-under-fire-for-mla-s-transition-allowances-1.3558810
Unions condemn Grits for proclaiming bill imposing wage package – CBC – http://www.cbc.ca/news/canada/nova-scotia/labour-relations-stephen-mcneil-bill-148-nurses-civil-service-workers-1.4257266
Unions request party status at review of Bill 148 at Court of Appeal – CBC – http://www.cbc.ca/news/canada/nova-scotia/seven-nova-scotia-unions-want-legal-right-to-fight-bill-148-1.4277122