Challenging The Budget Implementation Act In Court – What Does It Mean?

Fellow members,

Now that the Institute has filed its constitutional challenge against Parts 10 and 11 of the Budget Implementation Act, it is important to clarify what this means for PIPSC members on the bargaining front. Some of you have asked whether or not the challenge invalidates the collective agreements that certain Groups have recently signed, or if it prevents any new agreements from being negotiated or ratified over the period of time necessary for the challenge to make its way through the legal system.

The short answer is No. The challenge will not directly impact the agreements that have been, or will be, negotiated or ratified in the future until the Courts make a final ruling in this regard. This could take months or even years. Even if the Institute wins its case at the first level, Ontario Superior Court, it would not be surprising for the federal government to appeal that ruling, and if PIPSC wins again, to appeal to the Supreme Court of Canada. But this is a battle that must be fought as a matter of principle, no matter how long it takes. The federal government should not go unchallenged as its attempts to trample our constitutionally-recognized right to a fair collective bargaining process, nor should it be allowed to implement legislation that tries to turn the clock back twenty years on the issue of pay equity.

We know this is a critical battle for our members, for all unionized employees, and for Canadian women. We are committed to investing the necessary resources and the time required to ensure their rights are protected.

As always, we will keep you informed of developments as they occur.

In Solidarity,
Gary Corbett