Court ruling on Bill 9 injunction means the fight for members’ rights will continue

This morning’s ruling by the Alberta Court of Appeal allowing the Alberta Government to reimpose suspension of collective bargaining rights for unionized public sector workers means only that the fight to defend our constitutionally protected rights will continue in the courts of law and in our workplaces.

In a two-to-one decision released Friday morning, the court granted the Alberta government’s appeal of the July 30 ruling by Justice Eric Macklin by the Alberta Court of Queen’s Bench, which granted an injunction halting application of the law to the Alberta Union of Provincial Employees.

The Public Sector Wage Arbitration Deferral Act, commonly known as Bill 9, allowed the government to block negotiated wage-reopener provisions of several public sector unions’ collective agreements, including UNA’s.

The decision means the government can continue to apply the law while the process of appealing the law’s constitutionality continues. UNA is an intervenor in that case.

“UNA will never accept that governments have the right to simply tear up legal contracts,” said President Heather Smith. “Like other unions, we will pursue legal remedies in the courts, but we also recognize that we cannot depend on the courts alone to do the right thing when a government is determined to violate the fundamental rights of citizens.”

“So while today’s ruling is disappointing, it changes nothing about our intentions to continue to challenge this unconstitutional law in the courts and it will not deter our vigorous public advocacy of our fundamental rights,” she said.