Alberta Court Freezes Union Legislation

The Alberta Court of Queen's Bench granted an injunction to prevent an Alberta law from coming into force until a Constitutional challenge to the law is decided.

The Alberta Public Service Salary Restraint Act ("PSSRA"), which imposes wage rate terms on roughly 24,000 members of the Alberta Union of Public Employees ("AUPE") for the next four years, was set to take effect March 31, 2014.

In a blog posted December 9, 2013, we highlighted the ways in which PSSRA may be challenged pursuant to the Charter of Rights and Freedoms (the "Charter") after the law passed on December 4, 2013. PSSRA received Royal Assent and came into force on December 11, 2013. AUPE filed a Statement of Claim on December 12, 2013, alleging, among other things, that PSSRA violated AUPE members' individual rights to freedom of association.

The Alberta government and relevant AUPE unit had been involved in collective bargaining since their previous collective agreement expired March 31, 2013. The parties went to mediation in July 2013, and steps were taken in October 2013 for the...