Supreme Court strikes down BC Liberal's Bill 29

June 8, 2007

In a 6 to 1 decision the Supreme Court of Canada has struck down sections of the BC Liberal government's Bill 29, the HEALTH AND SOCIAL SERVICES DELIVERY IMPROVEMENT ACT, finding that:

"...the measures adopted by the government constitute a virtual denial of the s. 2(d) right to a process of good faith bargaining and consultation. The absolute prohibition on contracting out in s. 6(2), as discussed, eliminates any possibility of consultation. Section 6(4) puts the nail in the coffin of consultation by making void any provisions in a collective agreement imposing a requirement to consult before contracting out. Section 9, in like fashion, effectively precludes consultation with the union prior to laying off or bumping."

The decision by the Supreme Court is suspended for 12 months, in which period the BC Liberal government must ensure provincial legislation is in compliance with the Court's ruling.

To learn more about this decision click here to download a backgrounder prepared by the HEU.

Supreme Court decision ensures right to free collective bargaining is protected by Charter

The decision by the Supreme Court not only struck down provisions of Bill 29, it is a landmark decision in Canadian jurisprudence establishing that the the right to free collective bargaining is protected by freedom of association provisions in Canada's Charter of Rights and Freedom.

The Supreme Court determined that "Recognizing that workers have the right to bargain collectively as part of their freedom to associate reaffirms the values of dignity, personal autonomy, equality and democracy that are inherent in the Charter."

To read the Supreme court decision please click here.

Public backs moratorium on health care layoffs

Public opinion research commissioned by the Hospital Employees Union shows that in the wake of the Supreme Court ruling on Bill 29, close to four out of five British Columbians support a moratorium on further health care layoffs.

1500 health care jobs remain at risk to layoff this year. Proposed privatization plans for hospitals in Kelowna and Vernon would result in 300 layoffs, while 700 workers are at risk of losing their jobs in care homes around BC. Employers have also noted that another 500 health care workers are likely to receive layoff notices later this year.

The poll conducted by Viewpoints research also showed that 56 percent of British Columbians believe patient care worsened as a result of Bill 29.

To learn more about the poll please click here.