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Health Care

Charter compels disclosure of accuser's medical records in case where care attendant fired for patient abuse

Jurisdiction: - Prince Edward Island
Sector: - Health Care

Prince Edward Island Union of Public Sector Employees v. Provincial Health Services Authority, [2005] P.E.I.L.A.A. No. 1 (QL), [2005] P.E.I.L.A.A. No. 3 (QL)

Are political protests by employees illegal labour strikes?

Jurisdiction: - British Columbia
Sector: - Education - Health Care

Published in CBA National Labour and Employment Law Section Newsletter (September 2004)

Are "political protests" strikes in which employees do not attend work and/or impede others from attending work materially different from a labour strike? If so, are they permitted while a collective agreement is in force?

In two recent decisions issued within a month of each other -- Health Employers' Assoc. of B.C., BCLRB No. B64/2004 ("HEABC") and B.C. Teachers Federation, BCLRB No. B92/2004 ("BCTF") the B.C. Labour Relations Board arrived at different conclusions. In the HEABC case, vice-chair O'Brien, after conducting a Charter of Rights and Freedoms analysis, stated that in certain cases political protest strikes are acceptable.

In contrast, in the BCTF case, vice-chair Saunders, after also conducting a Charter analysis, concluded that in no circumstances are such political strikes permissible. Given that these two decisions are impossible to reconcile, reconsideration hearings can be expected in one or both.