Preface to Trade Unions and Canadian Democracy
This overview of the relationship of organized labour to the
political economy results from a case heard before Mr. Justice Dennis Ball of
the Court of Queen’s Bench in 2011. The
Saskatchewan Federation of Labour (SFL) and intervener unions challenged the constitutionality
of the Public Service Essential Services Act (PSESA) known as Bill 5 and an Act
to Amend the Trade Union Act (Bill 6) passed by the Wall government in
2008. It was argued that both Acts
violated the Charter of Rights and Freedoms by interfering with the right to strike.
I was retained by the SFL as an “expert witness” because of
my experience as a labour historian.
This essay constitutes my submission to the Court. The submission was unchallenged by lawyers
for the Wall Government and the employers who defended the legislation.
On February 6, 2012 Justice Ball ruled that the Public Service
Essential Services Act (Bill 5) was unconstitutional in that it “infringes upon
the freedom of association of employees protected by s. 2 (d) of the Charter of
Rights and Freedoms”. He found
amendments to the Trade Union Act (Bill 6) to be constitutional. While Justice Ball found the PSESA to be
unconstitutional he suspended his ruling for twelve months with direction to
the provincial government to make amendments to the legislation.
The overview provided in this submission tends to be somewhat
limited in scope because of the exigencies of what was required for the case
before the Court. However, I think the essay provides a useful introduction
to the important role trade unions have played in defending the interests of
not only their own members but of all working people and Canada in
general. Indeed trade unions have played
a major role in building and defending both political democracy and social and
economic security. Medicare, Public
education, universal suffrage, public pensions, statutory and annual paid
holidays, hours of work, health and safety regulations, minimum wages,
employment insurance, pay equity legislation are a short list of the many
benefits Canadians enjoy thanks to more than a century of trade union struggle.
Trade unions, the welfare state and indeed democracy itself
are now under constant attack. We must
be ever mindful that an attack on trade unions is an attack on democracy.
Lorne A. Brown
Regina, Saskatchewan
Regina, Saskatchewan
August 2012
Lorne Brown is Professor Emeritus at the University of Regina, Saskatchewan, Canada. His research specialties include labour history and civil liberties.
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Lorne Brown is Professor Emeritus at the University of Regina, Saskatchewan, Canada. His research specialties include labour history and civil liberties.
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Also by Lorne Brown:
When Freedom was Lost: The Unemployed, the Agitator, and the State
Backbreaking work for slave wages in labour camps -
that was the government's response to thousands of young men looking for
jobs in the Dirty Thirties.
This historical account tells the little-known story of the jobless who drifted across the country during the Depression.
Lorne
Brown seeks to remedy the dearth of the 30s labour Canadiana with this
study of little-known labour camps. - Books in Canada
Purchase HERE.
