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Constitutional Challenge

Update on our Constitutional Challenge Related to the Scope of Bargaining

In this case, the Institute is contesting the Public Service Labour Relations Act’s limitation to what we consider our constitutional right to bargain Staffing, classification and pension matters.

A Notice of Application was filed with the Ontario Superior Court of Justice in May 2008. Since then, we have filed our affidavit evidence, have received the employer’s evidence and have started preparing to file reply evidence. Cross-examination, written and oral arguments have yet to occur.

This challenge is currently in abeyance given the SCC's decision in Fraser and some upcoming cases to be head on appeal.
  • Scope of Bargaining Constitutional Challenge
  • Publish Date: 25-AUG-2011 10:16 AM
  • In this case, the Institute is contesting the Public Service Labour Relations Act’s limitation to what we consider our constitutional right to bargain Staffing, classification and pension matters.
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  • Update on the Constitutional Challenge
  • Publish Date: 26-OCT-2009 10:52 AM
  • The Government has served upon the Institute and the Canadian Association of Professional Employees a number of Affidavits in support of their position in the Constitutional Challenge launched by both unions regarding the scope of bargaining in the federal public sector.
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  • Constitutional Challenge - Questions and Answers
  • Publish Date: 07-MAY-2008 11:25 AM
  • Two public service unions, The Professional Institute of the Public Service (PIPSC) and the Canadian Association of Professional Employees (CAPE) are launching a challenge by way of application in the Ontario Superior Court of Justice.
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  • Press Release - Professional Unions Launch Constitutional Challenge
  • Publish Date: 05-MAY-2008 09:55 AM
  • The Professional Institute of the Public Service (PIPSC) and the Canadian Association of Professional Employees (CAPE) are launching a constitutional challenge which seeks to invalidate provisions contained in the Public Service Labour Relations Act prohibiting federal employees from negotiating protections and improvements in a variety of areas, including pensions, employee classifications and staffing.
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