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Nova Scotia Court of Appeal decision on constitutionality of Bill 148

After the government spent 7 years fighting with unions representing workers impacted by this legislation, the Nova Scotia Government and General Employees Union (NSGEU/NUPGE) is calling upon Premier Tim Houston to stop defending the past mistakes of the Liberal government.

Halifax (12 May 2022) — On May 11, the Nova Scotia Court of Appeal (NSCA) released its decision regarding the constitutionality of the Public Service Sustainability Act (Bill 148) that was passed and enacted by the McNeil Liberal government in 2015.

Court of Appeal refuses to make a decision

In short, the court has declined to answer the constitutional questions that were posed by the province, because there was a lack of a full evidentiary record before it.

The provincial government has tried to prove the constitutionality of the Public Service Sustainability Act, (2015, (Bill 148), and has failed to do so. 

Premier Houston must abide by commitment to repeal Bill 148

After the government has spent almost 7 years of fighting with unions representing workers impacted by this legislation, the Nova Scotia Government and General Employees Union (NSGEU/NUPGE) is calling upon Premier Tim Houston and his government to stop defending the past mistakes of the Liberal government.

Houston needs to stand by his commitment made during the 2021 election to repeal the Public Service Sustainability Act (Bill 148) when he said: “The PC Party has already committed to repealing Bill 148 so that collective bargaining can take place. These are heavy-handed processes that will cost taxpayers more money than negotiations in good faith.”

Rather than continue with lengthy and expensive court proceedings, it would be prudent and responsible of the government to sit down with the unions and try and work on a way forward, one which will protect the Charter rights of the workers of Nova Scotia.

Unions to continue fight

The NSGEU/NUPGE has been working alongside 7 other unions that represent unionized workers to have this unjust legislation overturned by the courts. Unions remain committed to continuing this fight on behalf of our members and will continue the legal challenge at the Nova Scotia Supreme Court if necessary.