The Nova Scotia Supreme Court has overturned a controversial law that imposed a contract on Nova Scotia’s 9,300 public school teachers.
Judge John A. Keith called the bill, known as Bill 75, “vengeful,” “terribly wrong,” and ultimately unconstitutional in a ruling Tuesday.
In February 2017, the previous Liberal government under Stephen McNeil passed Bill 75, to end more than a year of failed contract negotiations between the province and the Nova Scotia Teachers Union (NSTU).
When it was finally enacted, it stripped the union of its right to strike and imposed a four-year collective agreement along with a three per cent pay rise. Hundreds of teachers protested outside the legislature while debating.
The former Liberal government created legislation to end more than a year of failed contract negotiations between the province and the Nova Scotia Teachers Union. (Steve Lawrence / CBC)
Lawyers in the province argued that Bill 75 was essential because three interim agreements reached between the NSTU bargaining team and the province were rejected by union members, although each agreement was recommended for the approval of the NSTU. It was after the third failed agreement that the McNeil Liberals introduced the bill.
“The terms of the collective agreement imposed by Act 75 were significantly inconsistent and worse than the third and final interim agreement the province said was the by-product of good faith negotiation,” Judge Keith wrote.
“At best,” he continued, “Bill 75 was an excessive attempt at fiscal responsibility but wrong. At worst, Bill 75 was a punitive or vengeful attempt to gain some benefit. side unrelated to ongoing negotiations with other utility unions at the expense of NSTU. “
Nova Scotia Teachers Union President Paul Wozney said his union will meet with his legal counsel to discuss any consequences of the ruling. For now, he said the union feels vindicated.
“The imposition of Bill 75 by the McNeil government facilitated the only province-wide strike in the history of Nova Scotia, and today’s ruling justifies the unprecedented actions taken by educators in that moment to defend their collective rights and public education, “Wozney said. “Even today, five years later, the impacts of Act 75 on teacher morale are still being felt. We hope this will help provide some additional closure.”
Judge Keith said the NSTU is entitled to costs.