REGINA – The Saskatchewan Court of Appeal will release a decision today on the province’s essential services legislation.
The court has been considering whether to uphold or overturn a ruling that says the legislation is unconstitutional.
A Court of Queen’s Bench justice ruled in February 2012 that the Public Service Essential Services Act infringes on employees’ right to freedom of association.
But the government argued that the ruling broke new ground when it stated there is charter protection for the right to strike.
The province said the ruling could have broader implications if it’s upheld and asked the Court of Appeal to weigh in.
Union lawyers argued the essential services law violates the charter by forcing some employees to stay on the job.
The essential services legislation was introduced in December 2007 shortly after the Saskatchewan Party won its first provincial election.
The legislation stated employers and unions had to agree on which workers were so needed they could not walk off the job. Unions were outraged, however, because the law also stated that if the two sides can’t agree, employers can dictate who is essential.
The Saskatchewan Federation of Labour, representing about two dozen plaintiffs, challenged the law.
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