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Update - Constitutional Challenge to Bill C-59

On June 29th, the Institute, CAPE as well as 10 other federally regulated bargaining agents jointly filed a constitutional challenge against Bill C-59 at the Ontario Superior Court of Justice. Shortly thereafter, the PSAC filed their own challenge at the same court. The Bas’ position is that the portion of this legislation dealing with sick leave is unconstitutional. It fundamentally undermines the constitutionally protected process of collective bargaining and the right to strike. This violation of s. 2(d) of the Canadian Charter of Rights and Freedoms cannot be justified on any basis, and amounts to unfairly stacking the deck in Treasury Board’s favour at the bargaining table.

A motion for injunctive relief was also filed and will be heard by the Ontario Superior Court of Justice on October 29, 2015 at 10:00 a.m. at the Ottawa Courthouse. The Court has directed that, if the government intends on exercising those powers prior to the motion being heard, it must give the Court and applicant unions 5 working days’ notice. The Attorney General’s affidavits can be viewed by clicking here: ( Doc.1, Doc. 2, Doc. 3 )

Cross-examinations on affidavits filed in support of the motion are expected to be concluded by October 1st with factum to be exchanged later in the month.


Publish Date: 23-SEP-2015 03:43 PM
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