AUPE files lawsuit against province over Bill 46

The Alberta Union of Provincial Employees has filed a statement of claim against the provincial government over Bill 46, the controversial labour law which received royal assent on Wednesday.

The Alberta Union of Provincial Employees has filed a statement of claim against the Alberta government over Bill 46, the controversial labour law which received royal assent on Wednesday.

Bill 46 will impose a wage settlement with a two-year pay freeze if AUPE fails to reach a negotiated agreement by the end of January. The bill also takes away the union's right to take disputes to an arbitration board. 

In a statement of claim filed in Edmonton Court of Queen’s Bench on Thursday, the union seeks a declaration that the act is invalid and that sections of it infringe the Canadian Charter of Rights and Freedoms. 

The lawsuit also seeks costs and damages. 

AUPE president Guy Smith believes the courts will rule in favour of the union. 

“On the grounds that’s its unconstitutional, that Bill 46 denies our members basic rights to free collective bargaining and also, the fact in current labour legislation the arbitration process is our only legal route to resolve these problems," he said. 

The government has 20 days to file a statement of defence. 

Comments

To encourage thoughtful and respectful conversations, first and last names will appear with each submission to CBC/Radio-Canada's online communities (except in children and youth-oriented communities). Pseudonyms will no longer be permitted.

By submitting a comment, you accept that CBC has the right to reproduce and publish that comment in whole or in part, in any manner CBC chooses. Please note that CBC does not endorse the opinions expressed in comments. Comments on this story are moderated according to our Submission Guidelines. Comments are welcome while open. We reserve the right to close comments at any time.