Welcome to the Wild, Wild West


© David Russell

Most Canadian historians do not regard the history of the western provinces as the same lawless frontier so often celebrated by pop culture in the United States. Western Canadian history is filled with more accounts of negotiation, compromise and cooperation than coup, clash and disregard for rule of law.

Until now.

The provincial Liberal government of Premier Gordon Campbell has never been popular with the so-called working class, particularly those in the union movement. It's no surprise to suggest that Mr. Campbell has a pro-business governance agenda and is much less sympathetic to trade unionists.

However, in the past two weeks, the government of Mr. Campbell has taken actions that demonstrate not only an unhealthy disdain for the labour movement but also a significant contempt for the rule of law.

Putting aside political differences between the two sides, which are many, the BC Liberals began early in their mandate wresting power away from what it perceives as a militant labour movement. Since taking office in May of 2001, the provincial government has been unable to successfully negotiate a collective agreement with any of its public sector employees: doctors, teachers, health care workers, nurses have all had contracts legislatively imposed on them after negotiations - some long, some short - failed to reach a settlement. Each side in the disputes has a decidedly different perspective on the reasons: the government will declare it is working with unrealistic and uncooperative unions; the unions will claim the government does not bother to negotiate in good faith knowing it holds the hammer of legislated settlements over the heads of its workers.

More than one legal challenge has been launched against the provincial government attempting to declare the imposition of contracts - or worse, tearing up legally negotiated contracts when they no longer fit the needs of government - as a violation of civil rights guaranteed in the Canadian Charter of Rights and Freedoms. To date, none have been successful on Charter grounds and a cursory, layman's examination of the document makes it plain to see why: there is no constitutionally protected right to collective bargaining per se. Several additional challenges to other Charter sections remain before the courts.

More recently, the provincial government introduced and enacted Bill 19 [http://www.legis.gov.bc.ca/37th5th/1st_r... ], the Education Services Collective Agreement Amendment Act. To say this bill pushes the envelope of governmental authority is a gross understatement. The statute is in direct response to the Supreme Court of British Columbia telling the government its previous actions were unlawful.

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