Bill 148 'substantially interfered' with right to collective bargaining
The Supreme Court of Nova Scotia has ruled that the province’s public‑sector wage restraint law is unconstitutional, striking down Bill 148, the Public Services Sustainability Act, for violating unions’ constitutional right to meaningful collective bargaining.
In a decision released to the parties on Friday, Justice Ann Smith found that the 2015 law, introduced by former Liberal premier Stephen McNeil’s government, “substantially interfered” with the applicant unions’ Charter right to a process of good‑faith collective bargaining. The Act imposed multi‑year wage caps and eliminated long‑service retirement awards as part of a broader bid to rein in public‑sector spending and balance the provincial budget.
“The government has failed to demonstrate that Bill 148 amounted to a reasonable limit on that right,” Smith wrote, according to CBC News.
The ruling is a major victory for several unions, including the Nova Scotia Government and General Employees Union (NSGEU), CUPE Nova Scotia, the Nova Scotia Nurses’ Union, the Nova Scotia Teachers Union and Unifor, which jointly challenged the law.
NSGEU president Sandra Mullen described the outcome as “a long‑fought battle” and “a victory for workers’ rights in this province,” speaking to reporters at Province House after the ruling was released.
Although Smith declared the law unconstitutional, she agreed to suspend the...
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