Affidavit to be heard in court on Friday
HALIFAX (CP) — Court documents filed by the Nova Scotia government say that by launching a strike this week, the province’s Crown attorneys created a “breakdown” in the criminal justice system and breached their collective agreement.
The province argues in an affidavit to be heard in Nova Scotia Supreme Court Friday that the prosecutors’ walkout, which continued today, violates two signed deals stating the union shall not sanction a strike.
The affidavit also cites the dropping of an assault case and an impaired driving case Wednesday due to the absence of prosecutors as evidence the situation is now an emergency.
Rick Woodburn, the lead negotiator of the Nova Scotia Crown Attorneys’ Association, says the union will contest the injunction, arguing contract provisions outlawing a strike are void because the province has violated an overarching, 30-year framework agreement.
He also said the province issued veiled threats during conciliation talks that it would bring in legislation to eliminate the right to binding arbitration in the framework agreement signed in 2016.
Woodburn said statements by Liberal Premier Stephen McNeil that he won’t allow a third-party arbitrator to set wages in the province are evidence the province didn’t intend to honour its own deal.
The provincial government is in the midst of passing a bill that changes the Crown Attorneys’ Labour Relations Act to override the current framework agreement and give the prosecutors the right to strike while requiring that they provide essential services.
The union has said that will take away their collective bargaining rights and impose a wage settlement, as the services provided by the 100 prosecutors are almost all likely to be deemed essential.
