Case information

Charter of rights — Constitutional law — Remedy — Court granting requested declaration of invalidity but declining to order any further remedy under s. 24(1) of Charter — Whether presumption of constitutionality bars judicial scrutiny of government conduct in collective bargaining associated with legislation that is introduced but not proclaimed into force and which is not directly subject of Charter application at issue — Scope of court’s remedial jurisdiction under s. 24(1) of Charter flowing from s. 2(d) breaches.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The period following June 2015 was a tumultuous time for labour relations between the provincial government and the Nova Scotia Teachers Union (“NSTU”). The Collective Bargaining Agreement (“CBA”) between the parties expired on July 31, 2015. Negotiation of a new CBA began in the summer of 2015 and the bargaining teams reached three tentative agreements, none of which were ratified by the NSTU membership. The vote rejecting the third tentative agreement took place on February 8, 2017.

On February 21, 2017, the government introduced and passed the Teachers’ Professional Agreement and Classroom Improvements (2017) Act, SNS 2017, c. 1 (referred to as “Bill 75”). This legislation imposed a CBA on the NSTU for the term August 1, 2015 to July 31, 2019.

The NSTU commenced proceedings in the Supreme Court of Nova Scotia challenging the constitutionality of Bill 75. The NSTU sought a declaration it was of no force and effect. The Notice of Application in court also requested “such further and other relief under s. 24 of the Charter…as counsel may request and that this Honourable Court may permit”.

The Supreme Court of Nova Scotia found that Bill 75 was unconstitutional. Justice Keith granted the requested declaration of invalidity but declined to order any further remedy under s. 24(1) of the Charter.

NSTU brought an appeal to the Court of Appeal. The AGNS did not challenge the finding that Bill 75 was unconstitutional. The Court of Appeal dismissed the appeal.