Judge’s dissenting remarks draw chalk outline around corpse of collective bargaining
Justice Ian Donald emerges as a lone voice in the labour wilderness with recent 38-page dissent concluding the BC government did not bargain in good faith with teachers
By Rod Mickleburgh
“[If] the government could declare all further compromise in any context to be untenable, pass whatever it wants, and spend all ‘consultation periods’ repeatedly saying ‘sorry, this is as far as we can go,’ [that] would make a mockery of the concept of collective bargaining.” - Justice Ian Donald, dissenting from the B.C. Court of Appeal decision overturning a lower court ruling that found the government’s imposed 2012 contract on B.C. teachers unconstitutional. I’ve known Appeal Court Justice Ian Donald for a long time, not recently or as a friend, but during his time as a lawyer representing non-mainstream unions who made a lot of news in those long lost days when I was a labour reporter. His clients included independent Canadian unions such as the Pulp, Paper and ...