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...of Canada ruled that sections of the British Columbia government's Bill 29 violated the right of B.C. Hospital Employees Union members to collectively bargain the terms and conditions of their employment relationship. By legislatively pre-empting negotiation on contracting out, layoff, bumping rights and other contract provisions, the Supreme Court determined that the bargaining rights of health care workers were restricted, "... either by disregarding past process of collective bargaining, by preemptively undermining future processes of collective bargaining, or both." The B.C. Government had defended its legislation as being in the interests of creating greater flexibility for the health care sector to restructure in an effort to reign in escalating health care costs.
Whatever the broader implications of the Supreme court's decision, which is sure to be the source of debate by scholars and practitioners for many years to come, it is clear that, in Canada, the age of foregoing consultation and negotiation...
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