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Constitutional and unconstitutional Tussle between New Brunswick Government and the 3 Unions in Canada!

Across the board, the North American consulting market is regarded as the most mature region globally. However, the EMEA region – Europe, the Middle East and Africa – leads in terms of market size, holding a 41% share of the overall consultancy economy. The US is by far the largest national consulting market, with Canada occupying a 7% share of the North American market. However, Asia and Oceania, with Australia as the most important consulting hub, accounts for around 16% of the industry.

In terms of growth momentum, the Asia-Pacific region leads the pack together with other emerging economies, while the EMEA region and North America are booking CAGR growth rates of 3.6% on average.

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Constitutional and unconstitutional Tussle between New Brunswick Government and the 3 Unions in Canada!

Three New Brunswick unions that represents more than 5000 nursing home workers filed a lawsuit in August. They allege the province’s Essential Services in Nursing Homes Act is unconstitutional. The law, originally passed in 2009, sets out how some workers would be designated as essential and unable to strike. The province says the amendments are compliant with the Canadian Charter of Rights and Freedoms.

Filed with the Court of King’s Bench in Fredericton last week, the lawsuit argues that Blaine Higgs’s Progressive Conservative government is hindering the use of binding arbitration, the kind of mechanism normally available to unionized workers who are not allowed to strike for safety reasons, such as firefighters or hospital workers.


What the Canadian Union President says …………!

“The government is still unjustly depriving nursing home workers of any effective means of resolving a collective bargaining impasse,” said Stephen Drost, the New Brunswick president of the Canadian Union of Public Employees, or CUPE, in a news release. “This is nothing more than an attempt to keep workers’ wages low, while they are struggling with the housing crisis, cost-of-living increases.”


What the Province says …………….!

“The Province denies that the amendments are constitutionally invalid and states that the amendments are compliant with the Canadian Charter of Rights and Freedoms,” the statement says.

The province’s filing says the lawsuit is premature because some of those steps have yet to occur, and the nurses’ union collective agreement has yet to expire.


Where does the issue stand now!

The unions asked the court to rule the law of no force and effect.

The province asks for the case to be dismissed.

The allegations in the case remain untested in court. It’s unclear when the case will be heard in court.


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