Government announces plan to repeal sections of Bill 29 declared unconstitutional by Supreme Court
The provincial government plans to repeal the three sections of its contract-breaking Bill 29 that were declared unconstitutional by the Supreme Court of Canada.
The sections – imposed by the government in January 2002 without any consultation with unions representing the affected employees – removed all restrictions on contracting out "non-clinical services," and prohibited any contract clause that required a health employer to consult with a union before contracting out. A third clause affecting layoff and bumping rights expired at the end of 2005.
The government announced its plan to repeal the sections during a meeting with health care union representatives today (January 30). It's expected the government will introduce legislation repealing the sections in the upcoming legislative session that begins February 12.
The announcement follows
settlements
with the unions last weekend that provide compensation and training options for members affected by the unconstitutional provisions, and processes committing the government and employers to consult meaningfully with unions about changes in the future that would affect their members.
"The government's action represents a clear vindication for nurses and other health care workers and their unions who took the case against Bill 29 to the highest court in the land," says BC Nurses' Union President Debra McPherson. "The Supreme Court decision last June established collective bargaining as a constitutionally-protected right of all Canadians under our Charter of Rights and Freedoms.
"We hope today's announcement and the recent settlements signal a new determination on the part of government and health employers to bring in health care employees and their unions as partners in the effort to provide quality health care for British Columbians," McPherson says.
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