STATEMENT: Nova Scotia Court of Appeal Decision on Constitutionality of Bill 148

This morning, the Nova Scotia Court of Appeal (NSCA) released its decision regarding the Constitutionality of the Public Service Sustainability Act (Bill 148) that was passed and enacted by the McNeil Liberal government in 2015.

In short, the Court has declined to answer the Constitutional questions that were posed by the Province, because there was a lack of a full evidentiary record before it.

The Provincial government has tried to prove the constitutionality of the Public Service Sustainability Act (2015) [Bill 148], and has failed to do so.

After almost seven years of fighting with unions representing workers impacted by this legislation, we are calling upon Premier Tim Houston and his government to stop defending the past mistakes of the Liberal government, and to stand by his commitment made during the 2021 election to repeal the Public Service Sustainability Act [Bill 148]:

 “The PC Party has already committed to repealing Bill 148 so that collective bargaining can take place. These are heavy-handed processes that will cost taxpayers more money than negotiations in good faith.”

 Rather than continue with lengthy and expensive court proceedings, it would be prudent and responsible of the government to sit down with the unions and try and work on a way forward, one which will protect the Charter rights of the workers of Nova Scotia.

The NSGEU has been working alongside seven other unions that represent unionized workers to try and have this unjust legislation overturned by the courts. We remain committed to continuing this fight on our members’ behalf and will continue our legal challenge at the Nova Scotia Supreme Court if necessary.

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