Union ready to challenge again if any members are charged
EDMONTON – The Alberta Union of Provincial Employees (AUPE) is disappointed that the Alberta Court of Appeal has dismissed its claim against Bill 1, the Critical Infrastructure Defence Act.
“Bill 1 prohibits public protest and picketing on a vast swath of public property, including sidewalks and boulevards,” says Patrick Nugent, counsel for AUPE. “AUPE views it as a threat to its ability to effectively take strike and picket action on behalf of members. These prohibitions presently create a tangible chilling effect on public demonstrations, including picketing and leafleting, which directly impacts AUPE and its members.”
In overruling the Court of Queen’s Bench, the Court of Appeal dismissed AUPE’s claim on the basis that AUPE has no standing to bring the claim, because no one has yet been charged with an offence and the Court of Appeal viewed the claim as “purely hypothetical.”
“Although no one has yet been charged with a breach of Bill 1, AUPE views it as an undemocratic piece of legislation that cannot be allowed to hang over the heads of Albertans until someone is actually charged with an offence. That is why AUPE brought its claim against Bill 1,” says Nugent.
“Bill 1’s broad and unclear language leaves AUPE’s members, and all members of the Alberta public, wondering when they will be found to have breached its provisions. The public should be able to know when they are breaching a law and when they are not, but under Bill 1, Albertans have no idea,” he says.
AUPE’s challenge to Bill 1 was a way to address the unclear and undemocratic terms of Bill 1, but because of the Court of Appeal’s decision, that will have to wait until someone is actually charged with breaching the legislation.
“AUPE will be ready to challenge Bill 1 if any of its members are charged with a breach while participating in any kind of work-related protest or action. AUPE will also consider intervening in other prosecutions, if other organizations’ members find themselves charged with a breach of Bill 1,” says Nugent.
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Patrick Nugent is available for comment.
He can be reached at:
T: 780 439 3232
C: 780 901 1572