The Big Win: A Timeline

Brad Wall and Saskatchewan Party defeat the NDP and form government.

Immediately, the Sask. Party introduces Bill 5, the Public Services Essential Services Act (PSESA) and Bill 6, the Trade Union Amendment Act (TUAA). Both pieces of legislation are rooted in ideological opposition to organized labour.

Bills 5 & 6 become law.

Multiple unions and labour organizations file complaints to the International Labour Organization (ILO) against the Government of Saskatchewan.

The Saskatchewan Federation of Labour, led by President Larry Hubich, begins their Charter challenge against Bills 5 & 6 in the case SFL v. Saskatchewan.

The Saskatchewan Federation of Labour files an additional ILO complaint on Bills 5 & 6 against the Government of Saskatchewan.

The ILO finds Bills 5 & 6 in violation of international law commitments. Specifically, the Bills contravene ILO Convention No. 87: Freedom of Association and Protection of the Right to Organize, an agreement that Canada, Saskatchewan, and all provinces have ratified.

Saskatchewan’s Court of Queen’s Bench rules that elements of Bill 5 are unconstitutional. The Saskatchewan Party government appeals the decision to the Court of Appeal.

The Saskatchewan Court of Appeal overturns the Court of Queen’s Bench ruling on Bill 5:
The Supreme Court of Canada ruled in the 1987 Labour Trilogy cases that freedom of association in Section 2(d) of the Charter doesn’t guarantee a right to strike. That line of authority has never been overturned by the Supreme Court. Therefore, until the SCC overturns itself, it is inappropriate for a lower court to issue a decision that is contrary to SCC precedent.

Urged on by this decision, The SFL and affiliates appeal to the Supreme Court of Canada. The Supreme Court grants leave and litigation continues.

The SFL argues in front of the Supreme Court of Canada on the unconstitutionality of Bill 5, joined by intervenors from across the country.

The Supreme Court of Canada decision on SFL v. Saskatchewan deems Bill 5 unconstitutional. The decision overturns former precedent, and provides all Canadian workers the constitutional right to strike.