Bill 28 Defeated – Court cites unconstitutionality of wage-freeze legislation
Manitoba’s public sector workers have had their day in court and won. After an extensive legal battle, the Pallister government’s wage-freeze bill has been declared unconstitutional.
Bill 28, The Public Services Sustainability Act was struck down today in a decision handed down by Manitoba’s Court of Queen’s Bench.
“The PSSA has left no room for a meaningful collective bargaining process,” wrote Justice Joan McKelvey.
Bill 28, the Public Services Sustainability Act, was introduced by the Pallister government in early 2017. The legislation froze the wages of 120,000 public-sector workers for two years and limited increases for another two to 0.75 and 1.00 percent. It was followed by Bill 2, The Public Services Sustainability Amendment Act in October, 2019, which proposed a number of changes to the original legislation.
“Today we celebrate an enormous victory for Manitoba’s 16,000 public school teachers and all public sector workers in the province,” said James Bedford, president of The Manitoba Teachers’ Society. “The Court has recognized the fundamental unconstitutionality of Bill 28, and, in rendering its decision, preserves the right of all public sector workers to free and fair collective bargaining.”
MTS actively participated in the court challenge as part of the Partnership to Defend Public Services (PDPS). The alliance, formed by the Manitoba Federation of Labour (MFL), united more than 100,000 public sector workers in the fight to declare the legislation unconstitutional. Read the MFL’s response to today’s decision here.
“Today we mark a triumph for the labour movement and for Manitoba workers,” said Bedford. “We are proud to have stood together with unions across the province, demonstrating yet again the power of a united voice.”
In the days ahead, MTS will analyze and report to members on the implications of this crucial decision. Watch for updates on the MTS website and via Facebook, Twitter and Instagram.