A group of students, researching labour and human rights legislation as part of a University of Saskatchewan (U of S), Labour Studies Law Class, have determined that the provincial government of Saskatchewan violated a number of its own provincial and other international laws. The passing of Bill 23, which legislated striking Saskatchewan Union of Nurses (SUN) members back to work in April 1999, was found to violate a number of clauses in the Trade Union Act, Saskatchewan Human Rights Code and the International Labour Organization’s (ILO) International Covenant on Economic, Social and Cultural Rights.

Most notable is that the students involved, were neither lawyers nor law students, but union members from communities around Saskatchewan, representing both public and private sector unions from a variety of workplaces. Larry Kowalchuk, a Saskatchewan labour lawyer who facilitated the course along with Larry Hubich, a staff representative for the Grain Services Union (GSU) noted that the research done by the group of trade unionists was exceptional. The exercise clearly demonstrated that workers could take on governments and their actions by reading and interpreting legislation on their own.

The group of workers, attending the class as part of the Saskatchewan Federation of Labour’s Annual Education week, were assigned the task of researching and investigating various pieces of legislation by their facilitators. In doing so, they determined that the Romanow government’s back to work legislation could in itself be declared illegal.

Nurses having trade union certification under the Trade Union Act of Saskatchewan are not prohibited from conducting a legal strike. This protection is guaranteed in Section 2 (b) "…negotiating in good faith with a view to the conclusion of a collective bargaining agreement…" as well as in Section 3 "Employees have the right to organize in and to form, join or assist trade unions and to bargain collectively through a trade union of their own choosing…". In addition, Section 34(1) states that "…after the expiry of the term of operation provided in the agreement, commence to strike…", which gives workers the legal right to withdraw their labour through strike action.

Bill 23 discriminates against one group of workers, in that it denies the Saskatchewan Union of Nurses their "…inherent diginity and the equal inalienable rights…" referred to in Section 3 of The Saskatchewan Human Rights Code (September 1998) with respect to free collective bargaining. It also could be argued that their freedom of association under Part I, Section 6 which proclaims that "Every person… shall enjoy the right to peaceable assembly with others…" was also violated in the legislation. In addition it clearly violates Section 43 of the Act which states "This Act binds the Crown".

It was also determined that the Romanow government’s legislation was in direct contravention of the ILO’s Covenant under Part III, Article 8.1 (d) "The right to strike, provided that it is exercised in conformity with the laws of the particular country", which recognizes the basic fundamental freedom to strike under international law.

As a consequence of the back to work legislation and the nurses’ continuing job action, the provincial government and the Saskatchewan Association of Health Organizations (SAHO) have initiated legal action against the nurses. If, as the unionists have determined, the legislation is illegal under various laws, attempts by SAHO and the government to enact proceedings against the nurses would be null and void.

In response to the Romanow government’s actions and to show their solidarity with the nurses, the class issued a "Declaration of Freedom" to take back their right to strike; drafted a new law to repeal Bill 23 and compensate the nurses for damages; and will file an official complaint with the ILO and the United Nations (UN).

for further information contact:

The Saskatchewan Federation of Labour (SFL)
220 - 2445 - 13th Avenue
Regina, Saskatchewan, Canada
S4P 0W1

phone:   (306) 525-0197
fax:        (306) 525-8960
email:    sfl@sk.sympatico.ca