this post was submitted on 19 Jul 2023
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B.C. port workers resume strike after union rejects tentative deal (www.cbc.ca)
submitted 1 year ago* (last edited 1 year ago) by [email protected] to c/[email protected]
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FR: Entente de principe rejetée par le syndicat des débardeurs, la grève reprend en C.-B.

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[–] [email protected] 26 points 1 year ago (7 children)

Multiple industry groups, as well as Alberta Premier Danielle Smith, had called for Parliament to reconvene and pass back-to-work legislation to end the strike over the initial 13-day period.

On Tuesday, Smith reiterated her calls for legislation to force ILWU workers back to staff more than 30 B.C. port terminals.

This you, Smith?

[–] [email protected] 5 points 1 year ago (2 children)

I thought that the Supreme Court had ruled that most back to work legislation was unconstitutional under Section 2 of the Charter. Given how loudly Goes was criticized for trying to take away teachers Charter rights using the Notwithstanding Clause I can't imagine the Liberals trying it.

[–] [email protected] 1 points 1 year ago (1 children)

i think the notwithstanding clause is a provincial thing, not a federal thing. Its a concession the feds had to make in order to change the constitution in the 80's

[–] [email protected] 5 points 1 year ago

With the patriation of the Canadian Constitution in 1982, the Canadian Charter of Rights and Freedoms brought many changes to the constitutional structure of the country. One of these was the inclusion of a notwithstanding power in Section 33. This section, often referred to as the “notwithstanding clause,” allows federal, provincial and territorial parliaments and governments to temporarily override or supersede certain Charter rights.

Any one of them can use the Notwithstanding Clause to violate our constitutional rights.

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