Health Services And Support – Facilities Subsector Bargaining Assn. V British Columbia

''Health Services and Support – Facilities Subsector Bargaining Assn. v British Columbia'' 0072 SCR 391 is a landmark Canadian labour law case concerning freedom of association under section 2(d) of the ''Canadian Charter of Rights and Freedoms''. A majority of the Supreme Court of Canada determined that the ''Charter'' protects a meaningful process of collective bargaining.

Background

In 1987, the Supreme Court of Canada decided the '' Reference Re Public Service Employee Relations Act (Alta.),'' 9871 SCR 313. The majority opinion in the ''Alberta Reference'' indicated that collective bargaining was not protected by s. 2 of the ''Charter''.

Facts

At issue was the constitutionality of Part 2 of the ''Health and Social Services Delivery Improvement Act,'' SBC 2002, c 2, enacted by the government of British Columbia. The ''Act'' purported to modify existing collective agreements: as described by the majority of the Supreme Court of Canada, "Part 2 gave health care employers greater flexibility to organize their relations with their employees as they see fit, and in some cases, to do so in ways that would not have been permissible under existing collective agreements and without adhering to requirements of consultation and notice that would otherwise obtain. It invalidated important provisions of collective agreements then in force, and effectively precluded meaningful collective bargaining on a number of specific issues."

Judgment

The majority concluded that sections 6(2), 6(4) and 9 of the British Columbia ''Act'' infringe section 2(d) of the ''Charter'' in a manner that could not be justified under section 1.

The majority held that "the concept of freedom of association under s. 2(d) of the ''Charter'' includes henotion of a procedural right to collective bargaining." While this right does not "ensure a particular outcome in a labour dispute, or guarantee access to any particular statutory regime", the Court affirmed "the right of employees to associate in a process of collective action to achieve workplace goals." Government action that "substantially interferes" with this right violates section 2(d) of the ''Charter'' and requires justification under section 1.

The majority also made use of international law as an interpretive aid. Specifically, the majority relied on the '' International Covenant on Economic, Social and Cultural Rights'', the ''International Covenant on Civil and Political Rights'', and the International Labour Organization's '' Freedom of Association and Protection of the Right to Organise Convention.'' At paragraph 69, the Court stated that "Canada’s international obligations can assist courts charged with interpreting the ''Charter''’s guarantees".

Subsequent developments

In ''Saskatchewan Federation of Labour v Saskatchewan'', the Supreme Court of Canada overruled the ''Alberta Reference''. In ''Saskatchewan Federation'', the Court expanded on its holding in ''BC Health Services'', holding that the ''Charter'' protects not only the right to bargain collectively, but also the right to strike.

See also

* List of Supreme Court of Canada cases (McLachlin Court)
* Canadian labour law
* ''Saskatchewan Federation of Labour v Saskatchewan''

References

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External links

* Full text of Supreme Court of Canada decision available a
CanLII
an
LexUM

Labour disputes in Canada
Canadian trade union case law
Section Two Charter case law
Supreme Court of Canada cases
2007 in Canadian case law