The Canadian Union of Public Employees (CUPE) in Quebec has prevailed in the Supreme Court on the matter of the Expenditure Restraint Act (Bill C-10) and its impact on Radio-Canada employees belonging to CUPE 675. The Association des réalisateurs (AR) de Radio-Canada was also contesting the decision rendered by the Québec Court of Appeal. The Supreme Court has ordered that a new hearing be held.
We are very pleased with the Supreme Court decision,” stated Annick Desjardins, counsel of record for CUPE. “We have held from the beginning that it is illegal to break a duly negotiated contract.” CUPE and the AR were contesting the constitutionality of Bill C-10 adopted into law by the Harper government in 2009. The impact of this legislation included cancellation of pay raises previously negotiated and enshrined in the collective agreements of Radio-Canada employees belonging to the two unions.
The Supreme Court had previously struck down the Act, but the Court of Appeal had reversed the judgement. The Supreme Court is now sending the case back to the Court of Appeal, ordering that a new hearing be held on the matter. The new hearing will be bound to take into account the protection afforded by the Canadian Charter of Rights and Freedoms with respect to collective bargaining. “Especially since the unions in questions were never consulted concerning the application or adoption of this legislation,” explained Isabelle Doyon, president of CUPE 675.
The parties are preparing their submissions for the new hearing, a date for which has yet to be set.
CUPE has been active at Radio-Canada for more than 40 years. It currently represents more than 1800 employees through two unions, STARF (CUPE 5757), representing technicians and craftspeople at Radio-Canada, and CUPE 675, which represents office and professional workers.