CanWest Got It Backwards On Bill 29, Says Union Leader

He has it backwards: It was the provincial government that created a huge problem by passing laws that trampled on collective bargaining rights which, in fact, pre-existed labour statutes and were subsequently enshrined in the Charter. The court's decision simply recognized that its previous rulings had left openings for such legislative abuse. The protection of collective bargaining rights under the Charter is neither "brand new" nor an "extension" of those rights, and Hochstein is wrong to speak of "the advent of" Charter protection as if such rights are unprecedented. In fact, as the majority decision makes clear, "at the time the Charter was enacted in 1982, collective bargaining had a long tradition in Canada and was recognized as part of freedom of association in the labour context." Hochstein, clearly offended that working people's rights have been reaffirmed, blames the court ruling on what he calls an "an interpretive exercise" by the majority judges. His call for "new approaches to appointing judges" is a thinly veiled assault on judicial independence that might raise eyebrows at the Canadian Bar Association, which stands squarely opposed to a politicized judiciary. Barry O'Neill is president of the Canadian Union of Public Employees -- B.C. http://www.canada.com/vancouversun/news/editorial/story.html?id=3ebcfbd3-988b-42af-9ddd-172620102abc [Proofreader's note: this article was edited for spelling and typos on June 28, 2007]

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