Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Tuesday, July 17, 2012

Quebec Superior Court declares parts of the 2009 federal budget unconstitutional

The Quebec Superior Court of Justice has just delivered a major blow to the Harper government in a decision involving the CBC's unionized workers. The Court has ruled that a number of key clauses were unconstitutional in the budget legislation limiting spending which was passed on March 12, 2009.

It's  a clear victory for CUPE Local 675 who challenged the legislation for violating the right to collective bargaining, a right protected under the guarantee of freedom of association in the Canadian Charter of Rights and Freedoms. The bill actually overrode wage increases that had previously been negotiated in the collective agreement with no opportunity to renegotiate.

“Basically the Court ruled that the government should have allowed the CBC to negotiate with the union. But, as usual, the Harper government chose to take the bulldozer route. It took a Superior Court decision to remind them of the importance of freedom of association and the Canadian Charter of Rights and Freedoms,” said Annick Desjardins, CUPE representative and lawyer assigned to the file.

“The judgement comes as a huge relief to CBC workers. The Court is reiterating that they should have a say when it comes to determining their work conditions. It's a good thing we have the Charter and courts to keep the Harper government in line and ensure that CBC workers' rights are respected,” said Isabelle Doyon, president of the union representing Radio-Canada office workers and professionals (CUPE 675).

According to the judgement, the government's attitude “is even more surprising considering that evidence indicates that the Treasury Board Secretariat was well aware of the principles established in the B.C. Health Services judgement.” The Supreme Court ruling confirmed that collective bargaining in good faith is protected under freedom of association in the Charter.

Original Article
Source: cupe.ca
Author: cupe

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