Striking diplomats confident they have `slam dunk` case

Press Clippings for the period of August 1-21, 2013
Revue de presse pour la période du 1 au 21 août, 2013
Here are a few articles and opinion pieces that might be of interest to AJC members
Voici quelques articles et chroniques d’opinion qui pourraient intéresser les membres de
l’AJJ
Striking diplomats confident they have 'slam dunk'
case
Foreign service officers have refused to process visa applications at 15 of Canada's busiest foreign offices
until the government accepts binding arbitration. A labour board hearing into their complaint the
government is bargaining in bad faith begins Wednesday. (Meagan Fitzpatrick/CBC News)
Meagan Fitzpatrick, CBC News, August 21, 2013
The union representing Canada's foreign service will try to persuade a labour board today
that the federal government has been bargaining in bad faith.
If the Professional Association of Foreign Service Officers is successful the two sides
could be forced into binding arbitration to settle a contract dispute that has been dragging
on for months with no end in sight.
"We think we have a slam dunk case," Tim Edwards, PAFSO president, said Tuesday.
"And we think that the arbitrator will find that the government has been dealing with us
in bad faith and hopefully order us both into binding arbitration, which is the responsible
way forward to solve this dispute."
The bad-faith bargaining complaint will be heard before the Public Service Labour
Relations Board in Ottawa at 9:30 a.m. ET. Edwards said he expects it to last the day,
with a decision expected in a matter of weeks.
PAFSO filed the complaint after the government sought to attach six preconditions to the
union's offer to go to binding arbitration. The union said the conditions Treasury Board
president Tony Clement wanted to impose at the arbitration table were unreasonable and
"paralyzing."
The union argues it was an attempt to predetermine the outcome of arbitration, and that it
was a violation of the government's duty to bargain in good faith under the Public Service
Labour Relations Act.
The labour board hearing the complaint is an independent quasi-judicial tribunal that
deals with grievances; it can also act as a mediator in resolving disputes related to
collective bargaining.
The main sticking point in the contract dispute is salary. Foreign service officers say they
don't get equal pay for equal work when compared with government employees who do
similar work — as trade or policy analysts for example, but who aren't members of the
foreign service.
Professional Association of Foreign Service Officers President Tim Edwards says his members want
binding arbitration to settle a contract dispute. (Adrian Wyld/Canadian Press)
According to PAFSO it would cost the government $4 million bring their salaries in line
with other employees but Clement's office won't budge on the wage hike.
"The foreign service, which is already well paid and a highly sought after posting, is
asking for a hefty wage hike that is neither fair nor reasonable for taxpayers,"
spokeswoman Andrea Mantel-Campbell said in an email Tuesday.
"Foreign service officers have unique jobs that cannot be compared to others. These jobs
are substantively different from public service lawyers, economists or commerce
officers," she wrote. "The foreign service also has no recruitment or retention issues."
Edwards said the salary increase being asked for is a "tiny fraction" of the economic
impact of the contract dispute. Diplomats started temporary rotating strikes at embassies
in the spring; certain services have been affected at different times.
The biggest effect has been the complete withdrawal of visa processing services at
Canada's 15 busiest centres abroad — Beijing, Cairo, London, Mexico City, Sao Paolo
and Shanghai are among the offices affected.
Citizenship and Immigration has taken measures to ensure visas are still being processed,
but there has been a slowdown and that's caused big concerns for the tourism and
education sectors.
Edwards said that job action will escalate in the fall, with more political, diplomatic and
trade officers joining visa and immigration officers.
"The government's approach to this just defies common sense and all reason," Edwards
said. "We hope the arbitrator sees it our way."
Wednesday's hearing is to determine whether the government has been bargaining in bad
faith and whether to send the matter to an arbitrator. It will not consider arguments on the
contract issues.
----------------------------------
Foreign service union appeals for public support ahead of
hearing
Michelle Zilio, iPolitics, August 20, 2013
The striking foreign service workers union made a double-barrelled appeal for public
support Tuesday (August 20), one day before it faces off with the government before the
Public Service Labour Relations Board (PSLRB).
More than 100 Professional Association of Foreign Service Officers (PAFSO) members
picketed Citizenship and Immigration Canada offices in Ottawa Tuesday, while
simultaneously launching a one-day Twitter campaign aimed at highlighting the work of
its 1,350 members around the world.
The union has been in a legal strike position since April 2 and without a contract since
June 2011. It is asking for a pay raise because some junior diplomats earn up to $14,000
less than colleagues doing the same work in Ottawa.
---------------------------------------
Striking diplomats rally, Tweet as labour dispute
drags on
Diplomats rallied outside Prime Minister Stephen Harper's office in Ottawa last month.
(Sean Kilpatrick/Canadian Press)
CBC News, August 20, 2013
Striking foreign service officers take to Twitter to make their case
Canada's striking foreign service officers are holding a rally in downtown Ottawa today
and are taking to Twitter around the world to raise awareness about their jobs and their
labour dispute with the government.
The officers' union, the Professional Association of Foreign Service Officers, organized
the demonstration outside the citizenship and immigration department. It's taking place a
day ahead of a hearing at the public service labour relations board that was triggered by a
bad-faith bargaining complaint from the union.
In addition to Tuesday's rally, foreign service officers posted abroad are participating in a
24-hour Twitter campaign to "illustrate the importance of the foreign service in
safeguarding Canada's national security, building its economy, shaping its future
diversity and workforce, and protecting and promoting the values that Canadians hold
dear."
Contract negotiations between PAFSO and Treasury Board president Tony Clement's
department have been stalled for weeks as both sides refuse to give in to each other's
demands. The union argues that foreign service officers who work as lawyers or policy
analysts, for example, get paid less than non-foreign service officers who do the same
work for the Department of Foreign Affairs and Trade.
The government argues that PAFSO members are well-paid and receive many added
benefits that other government employees don't get.
Film festival worried
The ongoing strike has slowed down the processing of visas abroad and while Citizenship
and Immigration has taken measures to keep up with the demand, the tourism and
education sectors have raised concerns about the impact of the strike. Canada requires
visas for tourists and foreign students from a number of countries including Mexico,
China and India.
Organizers of the Montreal World Film Festival say they know of people abroad who are
having trouble getting visas because of the strike. "The MWFF's administration feels that
it is damaging both to the reputation of the Canadian cinema in general and to the festival
in particular, should the visitors be denied entry to one of Canada’s premier cultural
events," a news release said.
The NDP urged the government to get back to the bargaining table "or risk losing billions
in economic benefits that international students bring." It said in a press release that the
Conservatives are responsible for the conflict and should resolve it quickly.
Dozens of foreign service officers picketed over the lunch hour in Ottawa.
"Today's picket and Twitter campaign will show that our members are unified and
determined in the pursuit of pay equity. We are fiercely proud of the work we do on
behalf of all Canadians and will not be bullied into submission by our employer," PAFSO
president Tim Edwards said in a news release.
PAFSO proposed earlier in the summer that the two sides settle the contract dispute with
binding arbitration. The government wanted to impose conditions on the arbitration and
when the union didn't accept them the idea of arbitration also ground to a halt.
The union says the conditions were unreasonable and would have predetermined the
outcome of the arbitration and that they were a "clear violation" of the government's duty
to bargain in good faith, as set out in the Public Service Labour Relations Act. PAFSO
filed its complaint with the labour board on July 31.
Union seeking 'hefty' raise
"PAFSO has made every reasonable effort to resolve this dispute. The government has
not," said Edwards. "We can only conclude that Treasury Board is discriminating against
Canada’s foreign service. We are seeking judicial intervention to compel the government
to negotiate in good faith."
A spokeswoman for Clement said Tuesday that PAFSO is asking for a "hefty wage hike
that is neither fair nor reasonable for taxpayers."
"Our government will consider all options in finding a resolution to this strike. We
remain open to a resolution that respects the interests of both taxpayers and foreign
service union members," Andrea Mandel-Campbell said in an emailed response.
"In the past month we have reached tentative agreements with three other unions. In all
cases the bargaining agents were willing to reach fair and reasonable settlements."
---------------------------------------------------------
New Justice Minister talks legal crackdown in first
speech to bar association
Jennifer Graham, The Globe and Mail
August 19, 2013
Justice Minister Peter MacKay is talking about cracking down on drunk driving, sexual
predators and cyberbullying, while doing more to help victims.
Mr. MacKay made the comments in his first speech to the Canadian Bar Association
since taking over the justice portfolio.
He told the crowd in Saskatoon that he intends to move forward on a bill of rights for
victims after hearing heartwrenching stories from people who were frustrated with the
legal process.
“First, I think it’s fair to say that many have recognized that significant improvements
have occurred,” Mr. MacKay said Monday.
“But second, I’ve heard many victims who still feel the system is failing and they don’t
feel that thus far it is meeting their needs. They want the system reformed to include them
in a more substantial way.
“We’ve heard that victims want to understand what is happening to them, what is going
on around them throughout the process and they need to know that, in fact, their rights
will be protected. And that these rights will at least be moving in the same direction as
the rights of the offenders in fact enjoy.”
The Minister also said more will done to help stop cyberbullying.
In a news conference after the speech, Mr. MacKay, who was once a Crown prosecutor in
Nova Scotia, said legislation could come this fall.
“The inappropriate transmission of intimate images without consent is a crime and there
are certain, I think, legislative gaps now that we’ve identified in the Criminal Code that
we hope to plug as soon as this fall if we can get those amendments properly drafted and
before Parliament in the coming session,” he said.
A report commissioned after the suicide of a Nova Scotia teen said there should be a law
against distributing intimate photos without someone’s consent.
Rehtaeh Parsons hanged herself in April and was taken off life-support three days later.
Her family alleges the 17-year-old was sexually assaulted by four boys and a digital
photograph of the incident was passed around her school.
Ottawa, the provinces and territories released a report in July that said the law as it stands
doesn’t go far enough to protect victims of this type of online exploitation.
Mr. MacKay was also asked Monday to weigh in on another report, this one from the
Canadian Bar Association.
The group released a report Sunday that described access to justice in Canada as
“abysmal.” It said the harshest consequences would be on the poorest people.
Supreme Court of Canada Chief Justice Beverley McLachlin, who also spoke at the
conference, described access to justice is a growing problem for many Canadians.
Peoples’ lives can be ruined if they can’t get access to justice, Ms. McLachlin said
Saturday.
Among other things, the report calls for more federal funding for civil legal aid.
Report author Melina Buckley said the federal government can’t say how much it
contributes to civil legal aid because the amount is included in overall funding to
provinces and the decisions on how to spend the money is made at the provincial level.
Mr. MacKay said the federal government has increased the money it transfers to
provinces, but that there are constitutional limitations on what Ottawa can tell the
provinces to do with that funding.
The Minister said he had not yet read the association’s full report, but had been briefed
on it.
“The overall tenor that I’ve received both in the report and from talking to everyone from
Madame Justice McLachlin to the president of the Canadian Bar Association, frontline
prosecutors, victims, is that this is going to require a concentrated effort over time to
address some of these short-comings when it comes to access,” said Mr. MacKay.
“And it’s multi-faceted. There’s issues in terms of language, in terms of cultural
sensitivity, in terms of the number of judges who are in the system to administer justice,
so it isn’t going to be a one-off simple response.
“It’s going to require a period of time, working, collaborating with all levels of
government, working with the participants in a way that will bring about meaningful,
progressive evolution in our justice system to respond fairly to the subject of access.”
------------------------------------------
Stephen Harper to seek prorogation of Parliament
CBC News, August 18, 2013
Prime Minister Stephen Harper has confirmed he will ask the Governor General to
prorogue Parliament until October, when his Conservative government will introduce the
next speech from the throne.
"There will be a new throne speech in the fall, obviously the House will be prorogued in
anticipation of that. We will come back — in October is our tentative timing," Harper
told reporters in Whitehorse Monday. Harper is in the Yukon on the second day of his
annual summer tour of the North.
The Prime Minister's Office later clarified that Harper will ask for Parliament to be
prorogued before the scheduled return of the House on Sept. 16, meaning Parliament will
not sit again until after the throne speech in October.
The prime minister did not give a date for the throne speech. His spokesman, Andrew
MacDougall, said he wouldn't speculate but did note the Asia-Pacific Economic Cooperation (APEC) summit is in the first week of October and is followed by
Thanksgiving. That would suggest Parliament could return as early as Oct. 15. The
Conservatives hold their postponed party convention in Calgary at the end of that month.
The move was not unexpected. The government managed to pass much of its outstanding
legislation before rising for the summer break, and Harper undertook a major shuffle of
his cabinet in July as he passed the halfway mark of his mandate.
Harper used prorogation in 2007, but it was subsequent moves to prorogue in 2008 and
2010 that drew the most attention. In 2008, he used the tactic to successfully outmaneouvre the opposition's attempt to unseat him and form a coalition government. He
prorogued again in 2010 in the midst of a controversy over Canada's treatment of
prisoners in Afghanistan and ahead of Vancouver's hosting of the 2010 Winter Olympics.
Before the summer break this year, Harper had been under fire daily in the House of
Commons over the continuing scandal involving the expenses of senators, including three
Conservatives he had picked.
Opposition Leader Tom Mulcair accused Harper of shutting down Parliament to evade
accountability and avoid questions on the Senate.
"People aren't going to be fooled. This is clearly a desperate government worn out by
ethical scandals and mismanagement. Stephen Harper refuses to answer legitimate
questions from the public," the NDP leader said in a statement released Tuesday.
Liberals denounce move
The Liberals also accused Harper of delaying tactics.
"While starting a new session is an appropriate way to provide direction, Parliament has
been on a summer recess since June and the prime minister has had plenty of time to
write a throne speech," deputy Liberal leader Ralph Goodale said in a statement. "This
delay clearly shows that Stephen Harper and his government are without a plan."
Harper gave few specifics about his agenda for the fall.
"We will obviously have still some things, still some unfulfilled commitments, that we
will continue to work on. The number one priority for this government, I do not have to
tell you, will continue to be jobs and the economy," Harper told reporters.
"While we are overall pleased with the progress the Canadian economy has made since
the recession, we remain in a very difficult, fragile competitive world marketplace."
When asked about his own political future and whether he would lead his party into the
next election, the prime minister said "yes," and quipped: "I'm actually disappointed you
feel the need to ask that question."
Legislation affected
Senate reform legislation is just one of several bills that will die on the order paper with
prorogation. The government is awaiting a Supreme Court opinion on Senate reform that
could come as early as this fall.
The Senate media relations office said prorogation would not affect the auditor general's
review of Senate expenses, which was confirmed to be underway last week. However, the
recommendations of a Senate report issued last week into Senator Pamela Wallin's
expense claims would be on hold until they are adopted by the full Senate. That can't
happen while Parliament is prorogued.
Other affected legislation includes changes to the Canada Elections Act to establish new
rules for political loans, which has been stalled for some time at a Commons committee,
and a bill to change parole rules for offenders found not criminally responsible for their
actions.
However, these bills can be reintroduced at their most recent stage in the House of
Commons.
A private member's bill that would require labour unions to publish detailed financial
information, known as Bill C-377, would be restored to third reading, the last stage
completed by the House of Commons.
The bill had been the subject of heated debate in the Senate, where it was amended and
sent back to the House of Commons. But prorogation would wipe the slate clean as far as
the Senate deliberations are concerned, according to the Library of Parliament.
"Thus, the bill would be sent back to the Senate in the same state it had been when it was
passed at third reading by the House in December 2012, prior to the Senate amendment,"
the library said in an email to The Canadian Press.
"The Senate would then begin the process of considering the bill anew; the Senate may
vote to pass the bill unamended, amend the bill in precisely the same way it had been
amended before, or introduce entirely new amendments."
-------------------------------
Canadian Bar Association urges federal government to
boost legal aid funding
Tobi Cohen, Postmedia
August 18, 2013
Canada’s justice system has become out of reach for many of those who need it most,
according to a new report by the Canadian Bar Association that calls on the federal
government to restore legal aid funding to the level it was at in the mid-1990s as part of a
systemic overhaul to be completed by 2030.
The summary report released Sunday at the organization’s annual convention said while
legal aid funding has increased over the last five years, it’s still down about 20 per cent
overall compared to pre-1994 levels.
Furthermore, the federal government has gradually reduced its share of funding for both
criminal and civil legal aid. Up until 1995, the report argues, the federal government split
the cost with the provinces and territories 50-50. It now contributes just 20-30 per cent of
the cost.
“Like health care, justice is a shared governmental responsibility,” says the report. “A
reinvigorated federal role is imperative if we are to reach equal justice.”
The report calls on the government to return to 50 per cent cost sharing in criminal
matters and to establish a “dedicated” contribution to civil legal aid. It also calls for legal
aid services to be expanded and improved.
“The reduction in federal spending overall, increased complexity in the substantive law
and growing demands for criminal legal aid have placed pressure on legal aid providers
to ration services — in a way often inconsistent with the general purpose and public
policy values underlying the program,” says the report.
“In some places, people qualify only if they are living at subsistence levels (social
assistance), leaving out the working poor.”
The lack of access to legal assistance, the report says, has resulted in a spike in the
number of unrepresented litigants. While most pronounced in family court, it’s estimated
that 10-80 per cent — depending on the court and subject matter — of litigants represent
themselves.
It means court staff are more often forced to “walk a fine line” between providing legal
information and advice — the latter of which they’re forbidden from providing, says the
report. Studies also suggest “unrepresented parties” lose their cases more often and more
severely than those with representation and that self-help legal services only really
benefit those with “higher levels of literacy.” The growth of unrepresented litigants, the
report adds, has also led to an entire pro bono industry.
“When people receive appropriate assistance in reading and preparing documents and
making arguments, or get timely legal advice and representation, it saves public money in
the long run and results in better outcomes,” the report says. “Plus, the overall justice
system functions more smoothly and effectively, to everyone’s benefit.”
But legal aid isn’t the only answer. The report outlines a number of other ways to
facilitate access to justice and improve the system overall.
The report calls for “law as a life skill” courses to be integrated into the school
curriculum and for legal training modules to be available in the workplace as well as to
new immigrants, adults entering retirement and young adults entering the workforce.
It also calls on the justice system to make better use of new technologies, for legal
expense insurance to become commonplace and for the creation of a “universal Canadian
legal health checklist” as a means of preventing legal troubles before they surface.
“Just as the health system aims to both prevent and treat disease, so too the justice system
should aim to prevent legal problems in addition
to providing assistance when they arise,” the report says.
“The legal health checklist model ties together ideas of prevention, resilience and
increased legal capability. A number of legal practice
websites encourage people to have an ‘annual legal health checkup’ or offer checklists of
situations in which legal needs or issues often
arise.”
The report also encourages the “team delivery” of legal services whereby lawyers,
paralegals and other experts work together to offer a wider range of more affordable legal
services and calls for greater investment in legal research and development and the
creation of a Canadian Centre for Justice Innovation.
---------------------------------------------------
L'accès à la justice au pays décrié dans un rapport
La Presse
18 août 2013
L'accès à la justice au Canada est «déplorable», indique un nouveau rapport de
l'Association canadienne du Barreau, qui réclame également autre chose que des
«réparations de fortune».
La version courte du rapport, publiée dimanche lors du congrès de l'association à
Saskatoon, affirme que l'accès à la justice est profondément inégal au Canada.
Selon le document, cette inégalité a un coût pour l'ensemble de la population, mais les
plus pauvres souffrent le plus de ce déséquilibre.
L'auteure du rapport, Melina Buckley, soutient que l'une des plus grandes inquiétudes est
le nombre croissant de gens se représentant eux-mêmes dans des affaires au civil.
Selon Mme Buckley, plusieurs personnes gagnent tout juste assez d'argent pour ne pas
avoir droit à l'aide juridique, mais elles n'en gagnent cependant pas suffisamment pour se
payer un avocat. Ces gens se retrouvent souvent livrés à eux-mêmes en cour, dit-elle.
Le problème serait particulièrement grave dans les affaires de droit familial.
Au dire de Mme Buckley, cette façon de faire augmenterait la lourdeur du système.
Le document publié dimanche présente déjà plusieurs recommandations.
Le rapport réclame entre autres un financement accru du fédéral pour l'aide juridique au
civil.
Les auteurs demandent que d'ici 2020, tous les Canadiens vivant sous le seuil de la
pauvreté puissent obtenir une couverture complète des services juridiques publics.
Tous les 31 objectifs du rapport doivent être atteints d'ici 2030, demande-t-on dans le
document.
----------------------------------------------------
Canada's top judge slams 'inaccessible justice'
Beverly McLachlin, Chief Justice of the Supreme Court of Canada, says many people give up on the justice
system and 'just swallow their pain and their loss and live with it.'
August 18, 2013
Supreme Court of Canada Chief Justice Beverley McLachlin says the most pressing
challenge facing the administration of justice in this country is ensuring that Canadians
are able to access the system.
McLachlin made the comments at the Canadian Bar Association (CBA) annual meeting
in Saskatoon this weekend.
Delegates at the conference were discussing the merits of several proposed legal reforms,
including those stemming from the results of a new report by the CBA, titled Reaching
Equal Justice.
The 59-page report, which was released Sunday at the conference, says there is
profoundly unequal access to justice in Canada.
Peoples' lives can be ruined if they can't get access to justice, McLachlin said Saturday at
the conference.
"We know that there are a lot of needs. People just swallow their pain and their loss and
live with it, I guess, in some unsatisfactory way feeling they can't get justice," said
McLachlin.
Among other things, the report calls for more federal funding for civil legal aid.
The report says by 2020, all Canadians living at and below the poverty line should be
eligible for full coverage of essential public legal services.
Another goal is to have all law schools in Canada have student legal clinics to help lowincome people by 2020. All 31 targets in the report are expected to be completed by
2030.
Hardest hit are those who can't afford lawyers
"Inaccessible justice costs us all, but visits its harshest consequences on the poorest
people in our communities," the report says.
Its author, Melina Buckley, says one of the biggest concerns is the growing number of
people who represent themselves in civil cases.
Buckley says many people earn just enough money so they don't qualify for legal aid, but
they also don't make enough to pay for a lawyer. Those people often find themselves on
their own in court, she says.
The problem is especially pronounced in family law cases.
"They describe that as just being a terrible experience," Buckley said in an interview.
"They find the whole process leading up to it is hugely stressful, has all kind of side
effects in terms of their abilities to continue parenting their kids because they're stressed.
Sometimes they lose their jobs or have to go part-time, all kinds of health and other
situations. They tend to get alienated from friends and families because they become so
obsessed by it," she said. "And then quite often they don't have the kind of outcomes that
we would consider just and fair."
Buckley said that also puts more of a burden on the system.
For example, a case that would normally take three days with a lawyer on each side,
tends to instead take 10 days, she says.
Association positive about proposed changes
The report identified four priorities in improving access to justice nationally: access to
legal services, the simplification of court processes, family law and prevention, triage and
referral.
In each of these areas a working group of CBA legal professionals investigated specific
ways of improving legal access nationally.
"We are contemplating changes to the system to make it more affordable. For example,
rule changes. All of that involves the government ... so the government is an important
player," McLachlin said.
Robert Brun, President of The Canadian Bar Association told CBC News on Friday that
he is cautiously optimistic that their recommendations and the report will not fall on deaf
ears when it comes to implementing changes to the current system at the federal level.
"If people don't have the economic resources to retain lawyers to protect their interests
and to get their cases before judges to decide them on the facts and law, then they don't
have access to justice," Brun said.
Brun says improving citizens' legal agency will help combat problems like over-crowded
correctional facilities, in places such as Saskatchewan and in the North.
The report will be released in full this fall.
----------------------------------------------
The rising price of justice
High-profile lawyers like Clayton Ruby, shown here during a 2011 press conference, are fine for those who
can afford him. What about the rest of us?
Tasha Kheiriddin, iPolitics
August 18, 2013
What price justice? In Canada, if you’re poor, you get legal aid. If you’re rich, you hire
Clayton Ruby.
But for a growing number of middle class Canadians, lawyers have become unaffordable.
The result is that court cases that normally would take three days may take ten, as
unrepresented litigants bog down the process. In other civil disputes, people simply may
not exercise their rights at all — justice denied before it’s even pursued.
According to a newly-released summary report by the Canadian Bar Association, Canada
now ranks ninth out of twelve countries when it comes to access to justice. The CBA
proffers many solutions to this problem — the most ambitious being a system of “legal
care” akin to medicare, which would expand full legal coverage to those earning up to
twice the poverty line by 2025 — and wants to see “options for a viable national justice
care system (to) have been fully developed and considered” by 2030.
Fans of small government are likely choking on their coffee by now. They needn’t worry.
This idea is, in legal parlance, dead ab initio. It matters little that, according to the CBA
report, “over three years, about 45 per cent of Canadians will experience a … ‘justiciable
problem’” — which means almost everyone will need an attorney at some point in their
lives. Any new entitlement program which would benefit lawyers would be an almost
impossible sell — and strange to contemplate when the profession is running ads trying
to counter the public’s perception of lawyers as vulpine bottom feeders.
Then there’s the cost. While the CBA cites polls showing overwhelming support for legal
aid (91 per cent to 96 per cent), full-scale legal care would be another matter. Even the
left would have a hard time promoting such a concept, especially when it can’t even get
universal daycare off the ground. (Shall we spend scarce public resources on attorneys or
people who care for little children? Hmm … let’s see how the focus group feels about
that.)
Shall we spend scarce public resources on attorneys or people who care for little
children? Hmm … let’s see how the focus group feels about that.
As for the center-right, despite its love affair with the middle class, such a policy would
open up a Pandora’s box of potential spending which could jeopardize our ability to
balance the books. That’s not to mention the possibility for abuse and skyrocketing costs.
Universal healthcare already encourages Canadians to see the doctor for every sniffle;
would we want universal legal care to encourage them to sue each other too?
Nevertheless, our justice system faces a very real problem: increasing costs, decreasing
access and unrepresented litigants clogging the courts. If not legal care, then what? As
with health care, a good part of the answer lies in the private sector — notably in making
full-scale private insurance available for all manner of legal services, to take the pressure
off the public purse while making justice accessible for the middle class.
The CBA devotes two pages of its report to this idea, known as Legal Expense
Insurance (LEI). Of the solutions proposed, it’s the most likely to succeed, politically
and practically. LEI covers private legal costs much as health insurance covers private
medical costs. The CBA would like to see 75 per cent of middle income Canadians hold
such policies by the year 2030. The policies are common in Europe where, according to
former Ontario attorney general Marion Boyd, “people would no more go without legal
insurance than go without car insurance.”
LEI also is in vogue in Quebec. For years, the Quebec Bar has promoted such insurance,
which their website claims can be had for $4 a month. According to Protegez-Vous
magazine, 250,000 Quebec households had legal expense insurance in 2011.
LEI is not a panacea, as it may not cover the full cost of a lawsuit, nor cover family law
disputes. But it would go a long way to bridging the gap for middle class litigants in a
variety of civil cases. To increase coverage at the bottom end of the income scale,
governments likely will have to boost funding for existing legal aid.
By ensuring that the most vulnerable continue to have legal services, while encouraging
and enabling middle-income Canadians to insure themselves and their families,
politicians would be harnessing both the public and private sectors to see that justice is
served.
----------------------------------
Rapports tendus entre la fonction publique et les
conservateurs
Claude Poirier, traducteur de profession de Lévis, est le premier président bilingue de l'Association
canadienne des employés professionnels et le premier à venir de l'extérieur de la région d'Ottawa.
Marie-Pier Cayer
Le Soleil, le 17 août 2013
(Québec) Claude Poirier est le premier président bilingue de l'Association canadienne des
employés professionnels (ACEP) et le premier à venir de l'extérieur de la région
d'Ottawa. Ce traducteur de profession de Lévis mène de front le troisième syndicat en
importance de la fonction publique fédérale, avec ses 12 500 membres, et affiche
fièrement ses convictions.
Suppressions massives de postes, déréglementation continuelle et compressions
budgétaires sont à l'horaire pour le président. Il observe d'ailleurs un réel déséquilibre
dans les relations que le gouvernement entretient avec le syndicat. «Les rapports sont très
tendus avec les conservateurs de Harper. Il a, par exemple, mis des conditions lorsqu'il
s'est présenté à une table de médiation. Si tu veux faire preuve d'ouverture, tu ne fais pas
ça. C'est totalitaire comme façon de faire», souligne M. Poirier.
«Il voudrait également avoir accès à nos budgets détaillés, que seuls nos membres ont
accès. C'est une autre façon de contrôler les négociations, nos actions.»
«Nous sommes des gens attachés aux faits, aux analyses et aux études. On ne se
revendique pas d'une idéologie politique, mais il faut comprendre qu'autant l'extrême
droite que l'extrême gauche, c'est insensé pour moi.»
«Avec le climat de travail malsain qui a été instauré par les conservateurs de Harper, nous
devons rapporter les faits dans le discours public et empêcher le gouvernement de faire
trop de dégâts», allègue M. Poirier. Et l'Association n'est pas prête de cesser, renchérit le
président.
En avril 2012, à la suite de l'annonce des compressions de 5,2 milliards $ du ministre Jim
Flaherty, l'ACEP a présenté une analyse qui dénonce que ces restrictions pourraient
provoquer la perte de 40 000 emplois dans le secteur privé.
Pour arriver à cette conclusion, l'Association a utilisé un modèle normalisé élaboré par
Statistique Canada qui mesure l'effet détaillé d'un choc économique sur la production et
l'emploi. Après avoir mis la main sur la liste des organisations qui ont eu accès à ce
modèle, l'ACEP a été étonné de constater que personne du Conseil du Trésor ni du
ministère des Finances ne l'avait utilisé. «Nous en avons compris que les conservateurs
prennent des décisions purement idéologiques», affirme-t-il.
En juin 2013, le taux de chômage a grimpé à 7,2 %. «C'est contradictoire de voir un parti
qui se prône le grand défenseur de l'emploi et de l'économie prendre comme décision de
couper dans son intervention, alors que l'on sait très bien qu'en temps de ralentissement
économique, l'État a tout avantage à insérer de l'argent. Et c'est contradictoire de voir
qu'il n'a pas non plus réussi à créer assez d'emplois pour garder un taux de chômage
normal. C'est insensé pour notre pays comme le nôtre d'avoir autant de chômeurs.»
Les catastrophes de la déréglementation
M. Poirier fait un lien direct entre la déréglementation et l'accident de train à LacMégantic. Mais d'autres crises en témoignent, selon lui, comme celle de la listériose. «Ce
n'est pas si accidentel que ça», explique-t-il. «Le gouvernement a décidé de laisser les
entreprises à elles-mêmes, s'autoréglementer. C'est de la sécurité publique dont il est
question ici et ça ne fait pas toujours bon ménage avec des industries à la recherche de
profits.»
«Les conservateurs continuent de croire que less government is better government. Est-ce
que c'est ça qu'on vise comme société?» se demande M. Poirier.
Les prochains grands dossiers auxquels il compte s'attaquer sont celui des congés de
maladie, impossibles à accumuler dans la fonction publique fédérale, et celui de
l'évaluation du rendement.
----------------------------------------------------------
Conservative attacks on workers continue
By Robyn Benson, PSAC President
August 19, 2013
The Conservative government’s all-out war on union rights has barely begun. Here’s
what the fast-approaching Fall is looking like.
The infamous Bill C-377 may have been stopped in its tracks this summer by the Senate,
but Stephen Harper has vowed to bring it back when Parliament reconvenes. On top of
that, a new anti-union bill is coming down the pike, C-525, also posing as a “private
member’s bill.”
Senator Hugh Segal made a monumental speech against C-377, he skewered the
obviously discriminatory, union-busting nature of the Bill:
If this is to apply to trade unions, why would it not apply to rotary clubs, the Fraser
Institute, Christian, Muslim and Jewish congregations across Canada, the Council of
Chief Executives, local car dealers or the many farming groups, like the cattlemen’s
associations or the Ontario Federation of Agriculture, all of whom do great work? How
about local constituency associations, food banks, soup kitchens, or anglers and hunters
clubs?
But Segal also warned of “right-to-work legislation that is being proposed in the other
place as a private member’s bill.” While C-525 doesn’t abolish the Rand formula (but
you’d better believe that the latter won’t be long in coming), it stacks the deck against
unionization in Canada.
As anyone who has done any workplace organizing knows, employers are not usually
welcoming when their employees start up a unionization drive. You go one-on-one,
usually off-site, getting cards signed until you get enough for a vote, presently 35% under
the Canada Labour Code. If you win the subsequent vote, you’re unionized.
C-525 changes the rules for all employees falling under the Canada Labour Code, the
Public Service Labour Relations Act and the Parliamentary Employees Staff Relations
Act. It sets a very high threshold for even having a certification vote in the first place—
45% of the bargaining unit—but goes on to require that more than 50% of the entire unit,
not just of those who actually take part in the vote, must support unionization.
In other words, every abstention is counted as a vote against the union.
It gets far worse, however, for those who come under the Public Service Labour
Relations Act. If some employees decide that they want to decertify, and can satisfy the
Board that they represent 45% of the bargaining unit, a vote must be held. But it’s not a
vote to decertify—it’s a vote to stay certified. So, once again, every abstention is counted
as a vote against the union.
But here’s the kicker for the PSLRA folks: a majority in favour of the union won’t save
it. If the union doesn’t win 55% of the vote, it is automatically decertified:
96. If, after conducting the representation vote referred to in section 95, the Board is
satisfied that at least 45% of the employees in the bargaining unit have not voted in
favour of continued representation by the employee organization, it must revoke the
certification of the employee organization as the bargaining agent.
Sometimes it gets just a little too obvious, eh?
Canada’s Constitution and the Charter of Rights, which guarantee freedom of association,
evidently won’t be allowed to stand in the way of the Harper government. Make no
mistake: its opposition to unions is visceral. It will use any means, fair or foul, to crush
them. And if we let them get away with it, the whole country will eventually end up
under a Mississippi-style “right to work” labour regime. A hundred years or more of
hard-won labour rights will be out the window.
This is the Harper vision: workers no longer able to join together to speak with one voice.
Government and business having their way with us. It’s legal divide and rule—and I do
mean rule.
Against this campaign to violate the rights of every single worker in Canada, backed by
right-wing politicians, corporations, business groups, media drones and various wellheeled shills (I’m looking at you, MERIT), we have only one stark choice before us: to
fight back.
Are we up for it?
------------------------------------------------
Public sector hit hard as Canada loses jobs in July
http://ca.reuters.com/article/businessNews/idCABRE9780JY20130809?pageNumber=2&virtual
BrandChannel=0&sp=true
Louise Egan, Reuters, August 9, 2013
OTTAWA - Record job losses in the public sector and scarce opportunities for young
people led to unexpected weakness in the Canadian labor market in July, hinting at a
sluggish economic start to the third quarter.
Canada lost a net 39,400 jobs during the month, and the unemployment rate ticked up to
7.2 percent from 7.1 percent in June, Statistics Canada said on Friday.
Market players surveyed by Reuters had forecast the creation of 10,000 new jobs in July,
and no change in the jobless rate.
"A definite disappointment," said David Tulk, chief macro strategist at TD Securities.
"We sort of expected this as a continued hangover from the plus-95 (95,000 jobs) we saw
in the month of May."
But analysts generally took the report with a grain of salt given the volatility of Canada's
employment numbers, which are based on a household survey subject to a large margin
of error.
The monthly jobs figures have whipsawed this year, peaking at 95,000 net new jobs in
May after a loss of 54,500 in March.
The more reliable six-month trend showed average monthly jobs growth of 11,000 from
February to July, still less than half the average gain in the previous six-month period,
according to Statscan figures. Employment grew 1.2 percent in the year to July.
The trend is consistent with mild economic growth.
"You clearly want to see this decline partially reversed in August to make clear that we're
not seeing a sharp deterioration in labor markets," said Paul Ferley, assistant chief
economist at Royal Bank of Canada.
Almost all the jobs lost in July were in services, particularly in the healthcare and social
assistance sectors in the province of Quebec. Public sector employment fell by 74,000
positions.
Employment among young people fell by a sharp 46,000 and the jobless rate was almost
twice the national average at 13.9 percent. Summer employment for high school-aged
students hit its lowest level since 1977.
Both full-time and part-time jobs disappeared, declining by 18,300 and 21,200,
respectively.
On the bright side, 31,400 Canadians found private-sector jobs in July, and 13,500 joined
the hard-hit manufacturing sector. The number of hours worked also edged up by 0.3
percent in the month, a possible boost to economic growth.
The Canadian dollar weakened to C$1.0352 against the U.S. dollar immediately after the
release of the data but then rebounded a bit. At 10:15 a.m. (1015 ET) it was at C$1.0312
to the U.S. dollar, or 96.97 U.S. cents, compared with C$1.0324, or 96.86 U.S. cents, at
Thursday's North American session close.
The report did little to change expectations that the Bank of Canada will hold its
benchmark interest rate at the current 1 percent until late 2014.
"The Bank of Canada has already articulated that ... they plan to hold policy as is for
quite some time and our expectation is that they are going to continue to do so," said Dov
Zigler, economist at Scotiabank.
The Bank of Canada expects second-quarter annualized growth of just 1 percent but sees
it bouncing back in the third quarter to a 3.8 percent gain.
Slowing wage inflation was another sign the bank may be in no rush to tighten monetary
policy. Wage growth for permanent employees, closely tracked by the bank, slowed to
1.3 percent year-on-year in July from 2 percent in June.
------------------------------------------------------------
Record public sector layoffs slam Canada’s job market in
July
http://www.ottawacitizen.com/business/fp/Record+public+sector+layoffs+slam+Canada+marke
t+July/8769028/story.html
By Gordon Isfeld, Financial Post August 9, 2013
OTTAWA — Government policy penchants for reducing the size of the public sector
have cut a major swath through Canada’s employment rolls.
In July alone, 74,000 fewer people received government pay cheques — most of them
were working in the healthcare sector and social assistance programs.
When all the cuts and gains are tallied, the country lost a net total of 39,400 jobs last
month— many of them belonging to chronically under-employed youths, but the vast
majority were public servants, Statistics Canada said Friday.
The Harper government promised to save $5.2-billion in federal public administration
costs over three years in an effort to balance the federal budget by 2015. Part of that plan
included eliminating 19,200 jobs from the sector, or about 4.8% of the workforce.
And other levels of government have been cutting staff.
“Fiscal restraint, at both the federal and provincial level, has focused its eye on the civil
service itself,” said Avery Shenfeld, chief economist at CIBC World Markets.
“But we often don’t get, especially at the federal level, a lot of detail on where exactly the
numbers are going to come from in terms of savings.”
Last month’s surprisingly big drop in employment added to June’s downward trend,
although far more significantly, and pointed to weaker overall economic growth than
anticipated in the second quarter of this year.
The net loss of jobs in July — almost equally divided between full- and part-time
positions — followed a decline of about 400 jobs in June, which came in stark contrast to
a massive gain of 95,000 workers in May.
The unemployment rate rose to 7.2% in July from 7.1% the previous month, Statistics
Canada.
“With the decrease, employment gains have averaged 11,000 per month over the six
months, slower than the average of 27,000 observed during the preceding six-month
period,” Statistics Canada said .
Economists had expected employment to rebound last month — by as much as 10,000 to
17,000 — and the jobless rate to remain steady.
Related
“Volatile job numbers are another reminder that global economic challenges in Europe
and elsewhere will continue to impact Canada,” Finance Minister Jim Flaherty said
Friday.
Jimmy Jean, an economic strategist at Desjardins Capital Markets, said while most
provinces showed declines, “Quebec stood out with a drop of 0.8% (down 30,400), the
most important decline since May 2005, largely in health care (down 38,000).”
The widely unpredictable monthly reading of Canada’s labour force has added to
uncertainty over the country’s growth prospects this year.
Gross domestic product grew at an annualized 2.5% in the first quarter of 2013, but that
pace is expect to have slowed to between 1.4% and 1.7% during the April-to-June period,
according economists’ estimates.
The Bank of Canada, in its quarterly Monetary Policy Report released in July, forecast
growth of 1.8% this year. For both 2014 and 2015, it expects GDP to increase by 2.7%.
The central bank is relying on a stronger US. economy to help underpin that growth
through improved exports and investments.
Still, the current weak growth environment will likely keep the central bank handcuffed
on interest-rate policy. Its trendsetting overnight lending rate has been at 1% since
September 2010 and few analysts expect a hike in borrowing costs until at least late 2014.
In Friday’s report, Statistics Canada said youth employment fell by 45,600. “Employment
declines were concentrated among youths aged 15 to 24, as a result of less hiring this July
compared with previous Julys,” it said.
The loss of 74,000 public sector employees in July was the biggest decline since modern
data collection began in 1976.
However, Statistics Canada analyst Vincent Ferrao said “it’s only one month of data” and
too early to see a decline trend in the sector — which includes health care, social
assistance and public administration.
The public health sector, in particular, “has been a pillar of strength, even during the
recession.”
Meanwhile, private-sector jobs rose by 31,000 and the number of self-employed
Canadian remained about the same.
Full-time jobs were down by 18,300 and part-time positions declined by 21,200.
The manufacturing sector gained 13,500 workers in July, while construction lost 6,100
positions.
“There were two big areas of decline. One was in actual public administration and there
was also a decline in healthcare and social services — which tend to be public sector
workers,” said CIBC’s Mr. Shenfeld.
“That second big drop is statistically suspect.” he said. ”We’re not suddenly emptying out
the hospitals and the nursing homes of staff. It’s quite likely that just statistical noise.”
-----------------------------------------------------------------
Les mises à pied de fonctionnaires fédéraux ont coûté
cher aux contribuables
Martin Croteau, La Presse
Le 9 août, 2013
À la fin de l'an dernier, 16 390 postes avaient effectivement été éliminés, a-t-on indiqué hier au bureau du
président du Conseil du Trésor, Tony Clement.
Le gouvernement fédéral a versé 211 millions de dollars l'an dernier pour indemniser les
fonctionnaires mis à pied dans la foulée des compressions annoncées par le
gouvernement Harper, révèlent des documents obtenus par La Presse. Des chiffres qui
indiquent que Statistique Canada, Parcs Canada et Santé Canada sont les ministères les
plus touchés par les coupes.
Ottawa et les syndicats ont négocié il y a plusieurs années une «Directive sur le
réaménagement des effectifs», qui prévoit que les employés fédéraux dont le poste est
aboli pourront toucher des montants pour le «soutien à la transition» s'ils n'arrivent pas à
trouver un emploi dans un autre ministère.
Ces sommes comprennent un montant forfaitaire qui varie selon l'ancienneté, et jusqu'à
11 000$ pour épauler ceux qui retournent aux études.
Selon un document obtenu par La Presse, les sommes versées en vertu de cette politique
ont explosé, l'an dernier, passant de 7,8 à 211,4 millions.
À ce montant doivent s'ajouter les indemnités de départs versées aux fonctionnaires qui
perdent leur emploi. Le Conseil du Trésor, qui est responsable de la restructuration de
l'appareil fédéral, n'a pas été en mesure de fournir ce chiffre à La Presse.
Dans son budget 2012, le gouvernement Harper a annoncé qu'il sabrera 19 200 postes en
trois ans dans la fonction publique. La mesure doit se traduire par une économie de 5,2
milliards.
À la fin de l'an dernier, 16 390 postes avaient effectivement été éliminés, a-t-on indiqué
hier au bureau du président du Conseil du Trésor, Tony Clement. Dans la majorité des
cas, les travailleurs qui partaient à la retraite n'étaient pas remplacés.
«Tel que promis, nous avons réduit la taille de la fonction publique, tout en réduisant
l'impact sur les employés en procédant par attrition, mettant fin à des contrats à terme et
le placement à d'autres postes aux employés admissibles, a indiqué le porte-parole du
ministre, Matthew Conway. Un gouvernement plus léger et plus abordable est bon pour
les contribuables.»
Coupes en science
Le document donne également un indice de l'ampleur des coupes dans les différents
ministères fédéraux. On constate en outre que Statistique Canada et Parcs Canada sont les
deux plus touchés et, surprise, Santé Canada arrive en troisième place.
Le président de l'Institut professionnel de la fonction publique du Canada, Gary Corbett,
note que des ministères à forte vocation scientifique sont particulièrement touchés par les
compressions. Il cite les ministères de la Santé et de l'Agriculture, où plusieurs
scientifiques ont été mis à pied.
«Ce gouvernement carbure à l'idéologie et l'idéologie n'a pas besoin de la science,
dénonce-t-il. Pourquoi garder des scientifiques si l'on n'a pas besoin de science?»
La députée néo-démocrate Nycole Turmel estime que les mises à pied dans la fonction
publique vont nuire aux services à la population et, à terme, miner l'expertise du
gouvernement fédéral.
- Avec la collaboration de William Leclerc
***
Les coupes coûteront 900 millions
Les 211 millions versées en 2012 aux fonctionnaires fédéraux qui ont perdu leur poste ne
sont qu'une partie du coût des compressions dans la fonction publique. Dans son budget
2012, le gouvernement Harper avait prévu 900 millions sur trois ans pour couvrir les frais
liés à la restructuration de l'appareil fédéral.
***
Bras de fer sur l'impact des compressions
La directrice parlementaire du budget (DPB) envisage toujours un recours judiciaire pour
forcer le gouvernement Harper à lui fournir des détails sur l'impact des compressions
budgétaires. Sonia L'Heureux et son prédécesseur, Kevin Page, tentent depuis un an
d'obtenir des précisions auprès de dizaines de ministères sur la manière dont les coupes
vont affecter les services à la population. Une vingtaine d'organismes fédéraux sur 65
avaient répondu à ses demandes à la fin juillet.
Directive sur le réaménagement des effectifs
Indemnités et sommes payées par année
2010
> 480 indemnités
> 9,7 millions
2011
> 330 indemnités
> 7,8 millions
2012
> 5608 indemnités
> 211,4 millions
Sommes payées par ministère* (2012)
Statistique Canada
> 825 indemnités
> 26,5 millions
Parcs Canada
> 729 indemnités
> 25,1 millions
Santé Canada
> 403 indemnités
> 16,8 millions
Agriculture et Agroalimentaire Canada
> 341 indemnités,
> 12,5 millions
Ressources humaines et Développement des compétences Canada
> 349 indemnités
> 10,6 millions
Défense nationale et les Forces armées canadiennes
> 211 indemnités
> 8,7 millions
Industrie Canada
> 206 indemnités
> 8,6 millions
Citoyenneté et Immigration Canada
> 231 indemnités
> 8,4 millions
Ressources naturelles Canada
> 175 indemnités
> 7,9 millions
Affaires autochtones et Développement du Nord Canada
> 186 indemnités
> 7,8 millions
* Les sommes n'incluent pas les indemnités de départ.
Source: Secrétariat du Conseil du Trésor du Canada
-----------------------------------------------------------
CAW, CEP union merger suggests greater power in
numbers
Greg Keenan – The Globe and Mail
August 8, 2013
Canadian Auto Workers President Ken Lewenza, top, and Dave Coles, president of Communications
Energy and Paperworkers Union of Canada, are both retiring and placing their support behind Jerry Dias
to lead Unifor, the merged union.
When Ken Lewenza needed a break last fall during difficult contract talks with the
Detroit Three auto companies, he would wander into an off-track betting parlour on Bay
Street in downtown Toronto to bet on horse races. The Canadian Auto Workers president
knew within a few minutes whether his bets had paid off.
The outcome of his biggest wager – the merger of the CAW with the Communications
Energy and Paper Workers Union of Canada to create a union called Unifor – won’t be
known for several years.
But it represents the boldest move by the Canadian labour movement to reverse decades
of decline and restore itself to a position of power and influence in the national debates
about politics and the economy.
“We have certainly been on defence,” Mr. Lewenza acknowledged Thursday as he and
CEP president Dave Coles announced their decisions to step aside and make way for a
new generation of leadership.
The theory behind the merger is simple: Size matters.
A single union with 300,000 members that is national in scope will be better able to fight
back against hostile governments and powerful corporations than two unions that were
more regional in nature and did not represent all key sectors of the economy, argues Jerry
Dias, tapped by Mr. Lewenza and Mr. Coles to take on the job of president of the new
union.
“Our combined efforts between the two unions are to make a bold statement that we’re
going to fight to maintain the middle class,” the 54-year-old Mr. Dias, who is a veteran
CAW leader, said over breakfast in the same Toronto hotel where negotiations with the
automakers took place last fall.
To understand how size helps, he points to the current debate about whether the federal
government should permit U.S. telecommunications giant Verizon Communications Inc.
to compete in the cellphone market in Canada against domestic companies Bell Canada,
Rogers Communications Inc. and Telus Corp., by taking advantage of what critics say are
“loopholes” in the government’s wireless policy.
Some 20,000 members of the new union work at Bell. As Mr. Dias sees it, the merger
means 300,000 union members lobbying the government, urging their MPs to take a
stand against Verizon and standing up for their Bell brothers and sisters.
“When you add a sector like the telecommunications sector within a broader union, it just
gives you more say,” he said.
Mr. Lewenza believes unions can still be a force if they can convince the broader
Canadian public that the interests of their members – decent wages, sufficient time off the
job and sustainable pensions for retirees – are also those of Canadians as a whole.
What Unifor and all other unions are facing, however, is a hostile climate among
Canadians who believe they have outlived their usefulness and that the very gains that
they made have hurt the country’s competitive position.
That is reflected in part in the percentage of Canadians in the private sector who are
represented by a union. In 1997, 16.7 per cent of the labour force was made up of
unionized private-sector workers. By last year, that had fallen to 13.4 per cent, even
though the number of Canadians who belong to unions has grown.
“You’ve got governments attacking collective bargaining and unions as institutions,” said
Charlotte Yates, dean of the Faculty of Social Sciences at McMaster University in
Hamilton, Ont., and a veteran observer of Canada’s labour movement. “Politicians in
many instances have turned the tables to say it’s because your neighbour has three weeks
vacation that we have public debt.”
Nonethess, Prof. Yates agrees that bigger is better when it comes time to battle a federal
government that has intervened to end legal strikes and has introduced legislation to force
unions to divulge how they are spending their members’ money.
She believes the merger came about in part because the Canadian Labour Congress, a
national federation of unions, has not led the charge to present an alternative economic
and social agenda, something that the CAW has long believed is necessary.
As for Mr. Lewenza, he will not be spending his retirement at racetracks, the one interest
he has outside the labour movement to which he has dedicated 41 of his 59 years. He
plans to be an ambassador for Unifor.
“I can guarantee you I’m not going on a rocking chair.”
----------------------------------------------
Once a curiosity, foreign service union strike now verging
on crisis
http://www.hilltimes.com/inside-politics/politics/2013/08/07/once-a-curiosity-foreign-serviceunion-strike-now-verging-on-crisis/35548
Much has been written about the plunging morale in a Canadian bureaucracy
which feels diminished by its Conservative government masters and you can now
add our representatives abroad to that list.
'The foreign service, which is already well-paid and a highly sought after posting, is asking for a hefty wage
hike that is neither fair nor reasonable for taxpayers,' says Matthew Conway, spokesperson for Treasury
Board President Tony Clement, pictured above.
By Tim Harper, Hill Times
August 8, 2013
It’s a fine line that separates the good fight on behalf of Canadian taxpayers and a lack of
respect for our representatives around the world.
The Conservative government may have crossed that line.
A series of rotating strikes by Canadian diplomats, which began quietly under the
summer radar, has now been ratcheted up to the point that it is getting very expensive,
hurting tourism, potentially splitting families, denying needed temporary workers and
keeping foreign students from studying in this country.
It is embarrassing Canada abroad and stalling work on key bilateral files.
Once a curiosity, it now verges on crisis.
Much has been written about the plunging morale in a Canadian bureaucracy which feels
diminished by its Conservative government masters and you can now add our
representatives abroad to that list.
This does not mean the Conservative government cannot find accommodation with the
public service—it can, and has come to contract agreements with technical service
workers, correctional officers and aviation inspectors in the past month.
But the Professional Association of Foreign Service Officers is a much tougher nut.
The diplomats feel demonized but the government believes they already have plum jobs
and cannot be compared with other public servants, who, the diplomats, say earn $3,000
to $14,000 more annually than they do.
Tony Clement, the Treasury Board president, has served notice he would not fold like “a
$3 suitcase” in this now four-month-old battle with the bureaucracy.
To hear Ottawa tell it, the 1,350 striking diplomats are living a life of champagne and
canapés on Boardwalk, holding down glamorous posts that people are breaking down the
doors to get.
During the last foreign service exam, 9,000 people applied for 141 appointments,
Clement’s office says.
Their children are entitled to taxpayer-funded private schools or daycare, they receive
taxpayer-subsidized vacation flights out of their posting, are entitled to living allowances
and have their household effects and vehicles shipped to them. This, Ottawa says, costs
the government $127-million per year.
But foreign travel hardly automatically equals glamour.
For every posting to London, Paris or Washington, there are many more postings which
equal wars, squalor, natural disasters, Third World conditions and distance from extended
family and friends.
Tim Edwards, the association president, says such perks are available to every Canadian
posted abroad, not just his membership, and they hardly compensate for the lack of a
second salary which is almost always forfeited during a posting.
The only free cars and drivers his members receive are those travelling in armoured
vehicles in zones of war or violent upheaval, he says.
Even with the perks, he says, diplomats returning from the most expensive postings find
themselves in tougher economic shape than before they left.
Still, Treasury Board says these jobs can’t be compared with public service lawyers or
economists because their jobs are so substantively different.
The perks are not part of the negotiations, “but it is part of what they get,’’ says one
government source.
The association maintains it would take a mere $4.2-million over the life of a three-year
contract to bridge the wage gap, but the impasse has already cost the country, according
to some estimates, $280-million in lost tourism revenue.
The largest visa-issuing offices are now shut and a significant portion of the $8-billion
that foreign students bring to this country will be lost.
Overseas intelligence and security is now imperiled. Trade negotiations have been
hampered.
The Canadian employees will picket each time a foreign minister arrives in Ottawa, they
have picketed in front of Canadian ministers when they travel abroad and are targeting all
facets of Canadian participation in next month’s G-20 summit in Russia, refusing to
provide briefing books, planning scenarios or logistics help.
Both sides are dug in.
The union has taken the government to the Public Service Labour Relations Board,
charging it is bargaining in bad faith.
“The foreign service, which is already well-paid and a highly sought after posting, is
asking for a hefty wage hike that is neither fair nor reasonable for taxpayers,’’ said
Matthew Conway, a spokesperson for Clement.
But if this is a battle on behalf of taxpayers, there is another factor at play.
According to the diplomatic association, nearly half of all foreign service officers leave
within 14 years, citing pay inequity with public service colleagues.
If that is the case, taxpayers are getting a lousy return on their investment and perhaps
that’s the taxpayer issue the Conservatives should be focused on.
Tim Harper is a national affairs writer for The Toronto Star. This column was released
on Aug. 7.
----------------------------------------------------------------------------
Foreign service strike: A by-the-numbers guide
http://www.ipolitics.ca/2013/08/08/foreign-service-strike-a-by-the-numbers-guide/
By Jessie Willms and Michelle Zilio
Aug 8, 2013
The Professional Association of Foreign Service Officers (PAFSO) has been taking job
action for the past two months, including rotating strikes and pickets outside of Canadian
missions and offices abroad. The job action by the union’s immigration officials has led
to delayed Canadian visa issuance across the world, frustrating visa applicants and hitting
the Canadian tourism, education and business sectors hard.
After a failed attempt to agree to enter arbitration, PAFSO filed a bad-faith bargaining
complaint against the Canadian government last week and asked the Public Service
Labour Relations Board (PSLRB) to order the union and Treasury Board to enter into
binding arbitration.
PAFSO has been in a legal strike position since April 2 and without a contract since June
2011. The union is asking for a pay raise because some junior diplomats earn up to
$14,000 less than colleagues doing the same work in Ottawa.
These are just some of the numbers below that tell the story of the strike.
--------------------------------------------------------------------------
A battle between Conservatives and diplomats is costing
this country: Tim Harper
Our diplomats deserve better than being demonized by its government over foreign service
perks.
http://www.thestar.com/news/canada/2013/08/07/a_battle_between_conservatives_and_dipl
omats_is_costing_this_country_tim_harper.html
Tim Edwards, president of the Professional Association of Foreign Service Officers, says perks are
available to every Canadian posted abroad but they hardly compensate for the lack of a second salary
which is almost always forfeited during a posting.
By: Tim Harper
National Affairs, August 7 2013
It’s a fine line that separates the good fight on behalf of Canadian taxpayers and a lack of
respect for our representatives around the world.
The Conservative government may have crossed that line.
A series of rotating strikes by Canadian diplomats, which began quietly under the
summer radar, has now been ratcheted up to the point that it is getting very expensive,
hurting tourism, potentially splitting families, denying needed temporary workers and
keeping foreign students from studying in this country.
It is embarrassing Canada abroad and stalling work on key bilateral files.
Once a curiosity, it now verges on crisis.
Much has been written about the plunging morale in a Canadian bureaucracy which feels
diminished by its Conservative government masters and you can now add our
representatives abroad to that list.
This does not mean the Conservative government cannot find accommodation with the
public service — it can, and has come to contract agreements with technical service
workers, correctional officers and aviation inspectors in the past month.
But the Professional Association of Foreign Service Officers is a much tougher nut.
The diplomats feel demonized but the government believes they already have plum jobs
and cannot be compared with other public servants, who, the diplomats, say earn $3,000
to $14,000 more annually than they do.
Tony Clement, the treasury board president, has served notice he would not fold like “a
$3 suitcase” in this now four-month-old battle with the bureaucracy.
To hear Ottawa tell it, the 1,350 striking diplomats are living a life of champagne and
canapés on Boardwalk, holding down glamorous posts that people are breaking down the
doors to get.
During the last foreign service exam, 9,000 people applied for 141 appointments,
Clement’s office says.
Their children are entitled to taxpayer-funded private schools or daycare, they receive
taxpayer-subsidized vacation flights out of their posting, are entitled to living allowances
and have their household effects and vehicles shipped to them. This, Ottawa says, costs
the government $127 million per year.
But foreign travel hardly automatically equals glamour.
For every posting to London, Paris or Washington, there are many more postings which
equal wars, squalor, natural disasters, Third World conditions and distance from extended
family and friends.
Tim Edwards, the association president, says such perks are available to every Canadian
posted abroad, not just his membership, and they hardly compensate for the lack of a
second salary which is almost always forfeited during a posting.
The only free cars and drivers his members receive are those travelling in armoured
vehicles in zones of war or violent upheaval, he says.
Even with the perks, he says, diplomats returning from the most expensive postings find
themselves in tougher economic shape than before they left.
Still, treasury board says these jobs can’t be compared with public service lawyers or
economists because their jobs are so substantively different.
The perks are not part of the negotiations, “but it is part of what they get,’’ says one
government source.
The association maintains it would take a mere $4.2 million over the life of a three-year
contract to bridge the wage gap, but the impasse has already cost the country, according
to some estimates, $280 million in lost tourism revenue.
The largest visa-issuing offices are now shut and a significant portion of the $8-billion
that foreign students bring to this country will be lost.
Overseas intelligence and security is now imperiled. Trade negotiations have been
hampered.
The Canadian employees will picket each time a foreign minister arrives in Ottawa, they
have picketed in front of Canadian ministers when they travel abroad and are targeting all
facets of Canadian participation in next month’s G-20 summit in Russia, refusing to
provide briefing books, planning scenarios or logistics help.
Both sides are dug in.
The union has taken the government to the Public Service Labour Relations Board,
charging it is bargaining in bad faith.
“The foreign service, which is already well-paid and a highly sought after posting, is
asking for a hefty wage hike that is neither fair nor reasonable for taxpayers,’’ said
Matthew Conway, a spokesperson for Clement.
But if this is a battle on behalf of taxpayers, there is another factor at play.
According to the diplomatic association, nearly half of all foreign service officers leave
within 14 years, citing pay inequity with public service colleagues.
If that is the case, taxpayers are getting a lousy return on their investment and perhaps
that’s the taxpayer issue the Conservatives should be focused on.
Tim Harper is a national affairs writer. His column appears Monday, Wednesday and
Friday. [email protected] Twitter:@nutgraf1
-----------------------------------------------
Harper out to bust public sector unions
By Duncan Cameron
August 6, 2013
http://rabble.ca/columnists/2013/08/harper-out-to-bust-public-sector-unions
Job action by Canadian Foreign Service Officers initially was presented as a novelty
item. Diplomats threatening strike with information pickets at the Washington Embassy?
Were they wearing striped trousers?
The work stoppages initiated Monday by the Professional Association of Foreign Service
Officers (PAFSO) are drawing more serious attention. Officers issuing visas around the
globe (Abu Dhabi, Ankara, Beijing, Cairo, Delhi/Chandigarh, Hong Kong, London,
Manila, Mexico City, Moscow, Paris, Riyadh, Sao Paulo, and Shanghai) are off the job,
leaving foreign students, family visitors, tourists, and conference goers unable to come to
Canada.
As the NDP pointed out, this is bad for Canadian businesses, specifically the tourist
industry which stands to lose almost $300 million because of cancelled trips before the
end of summer.
PAFSO president Tim Edwards regrets the personal inconveniences caused to those
unable to travel. He also suggested to iPolitics.ca reporter Michelle Zilion that the cost to
the Canadian economy could mount to $1 billion by the end of the year. Edwards says the
amount his union is asking (only $4.2 million to eliminate serious wage discrepancies
with other public service professionals) represents about 1.5 per cent of the short-term
cost of the strike to the Canadian tourism sector alone.
A breakdown in labour relations has prompted PAFSO to cite the government for "bad
faith bargaining" in an appeal to the Public Services Staff Relations Board (stocked with
Conservative appointees presumably).
So why do the Conservatives not protect Canadian business and universities dependent
on foreign tuition fees, and settle with the striking workers? Why have they refused to go
to binding arbitration when asked to do so by PAFSO on behalf of its 1,350 members,
and instead imposed pre-conditions which deny the union has a case?
Conservative political strategy is to rally support for itself by demeaning public servants.
Conservative statements about FSO diplomatic perks and benefits are designed to rile up
party donors, and potential supporters. The people who matter to the Harper government
are those who might vote for it, not those who want to debate rates of pay for public
servants.
A polite recitation of the facts to reveal the fallacies in the Harper approach to public
sector workers is not going to get the NDP or Liberals very far. Facts and reason have
nothing to do with Harper's strategy because for him this is all about politics. Defeating
his opponents in the next election is what drives policy. How to best run the government
does not enter into his calculations when he gets tough with its employees.
The Cons rely on an emotional appeal to the economically insecure. Phony talking points
about subsidized education and free dry cleaning are designed to create envy and
resentment over benefits enjoyed by Foreign Service Officers, and eventually other
public employees, not begin a conversation about the role of the public service in "a free
and democratic society" in the wording of the Charter of Rights.
Ignoring legitimate demands from PAFSO -- whatever the costs to the economy -- is
more like a test run for the main event: over 270,000 public sector union members will
enter collective bargaining when contracts expire next year.
Expect the Harper government to use 2014, the pre-election year, to try and befuddle the
opposition parties, and make strategic gains by attacking public service workers.
The Harper government wants to drive the anti-government, anti-union vote over to its
side using a tough union-busting approach. The not-so-subliminal message is that
economic problems originate with government, and public servants deserve to be
punished.
Conservatives like the idea the NDP, with its labour roots, can be tied to public sector
workers. With Tom Mulcair as leader of the Official Opposition, the NDP insists it will
lay out a better approach to public management than what Canadians have become
accustomed to seeing under Harper.
The NDP can try to put Conservatives on the spot for denying the obvious role of
government in building a strong Canadian economy, but the party needs a political
strategy, not just a better approach to governing. On the principle that all politics is local,
the NDP can certainly concentrate on winning the seven Conservative ridings in the
Ottawa region, and making its presence felt in every riding across Canada where union
issues resonate.
With the Liberals focusing on the need to defend the middle class, the door is open for
the NDP to challenge Canadians: what is the way to promote economic security and
improve the standard of living for Canadians? Is it an attack on public sector workers, or
projects to use public dollars to create well-paying jobs?
The next election will turn on pocketbook issues. The Conservatives have revealed their
approach to win public support. What can be done to better them?
Duncan Cameron is the president of rabble.ca and writes a weekly column on politics
and current affairs.
--------------------------------------------------------------
Feds reach tentative agreement with PSAC technical
workers, but no end in sight for PAFSO strike
http://www.ipolitics.ca/2013/08/01/feds-reach-tentative-agreement-with-psac-technicalworkers-but-no-end-in-sight-for-pafso-strike/
By Laura Beaulne-Stuebing, Aug 1, 2013
While tensions continue to grow between the federal government and the union
representing striking foreign service workers, Treasury Board president Tony Clement
says the government has reached tentative agreement with another union – its third within
the span of a month.
In a statement, Clement said an agreement with the Public Service Alliance of Canada
(PSAC), the union representing over 10,000 technical service workers in drafting,
inspection and engineer support jobs, was reached early Thursday morning. The
Technical Services Group has been without a collective agreement for more than two
years.
Clement said negotiations with PSAC were “fair and reasonable.”
“This is the same balanced and consistent approach which has allowed the Government
to settle 24 of 27 [...]
--------------------------------------------------------------
Entente conclue
Le Droit, 2 août, 2013
http://www.lapresse.ca/le-droit/politique/fonction-publique/201308/02/01-4676379-ententeconclue.php
Sans contrat de travail depuis deux ans, des fonctionnaires des Services techniques de la fonction publique avaient
manifesté plus tôt cette semaine à Ottawa.
Les employés des Services techniques de la fonction publique fédérale ont conclu une
entente de principe avec leur employeur, le Conseil du Trésor, hier.
Les 2300 fonctionnaires de la capitale nationale étaient sans contrat de travail depuis plus
de deux ans. Les principaux points en litige étaient les salaires, les indemnités de départ
et les indemnisations pour le temps de déplacement.
Les détails de l'entente entre les deux parties n'ont pas encore été dévoilés. Ils le seront
sous peu, a assuré l'Alliance de la fonction publique du Canada (AFPC) qui représente les
employés.
«Je tiens à remercier l'équipe de négociation des Services techniques. Cela prouve que la
négociation collective, ça marche», a commenté le vice-président régional de la AFPC,
section Colombie britannique, Bob Jackson.
Les négociations entre la partie patronale et syndicale avaient repris lundi. Les Services
techniques de la fonction publique comptent plus de 10000 employés sur l'ensemble du
pays, répartis dans plus de 40 ministères et organismes fédéraux, principalement à
l'Environnement, aux Transports, à la Défense nationale, à l'Agriculture et
Agroalimentaire, et au ministère des Pêches et Océans.
Il s'agit d'une victoire pour les fonctionnaires fédéraux, mais il reste encore d'autres
dossiers à régler, précise l'AFPC.
«Le gouvernement devrait maintenant retourner à la table de négociation avec les autres
groupes de l'Alliance de la Fonction publique du Canada qui attendent toujours une
entente», note Bob Jackson.
Par ailleurs, les quelque 13000 agents fédéraux du service extérieur et le Conseil du
Trésor sont toujours dans l'impasse.
Le syndicat a déposé une plainte, cette semaine, contre son employeur à la Commission
des relations de travail dans la fonction publique (CRTFP) pour son refus d'aller en
arbitrage.
--------------------------------------------------------------
Minister Clement Announces Third Tentative Agreement
Reached with Public Sector Unions in a Month
http://www.tbs-sct.gc.ca/media/nr-cp/2013/0801-eng.asp
For immediate release
August 1, 2013
Ottawa – The Honourable Tony Clement, President of the Treasury Board, today
announced that the Government of Canada has reached its third tentative agreement with
a public sector union in the span of a month, underscoring the Government's commitment
to reaching fair and reasonable settlements that protect the interests of both employees
and taxpayers.
A tentative agreement was reached early this morning with the Public Service Alliance of
Canada, the union representing the Technical Services (TC) Group. Together with two
previous tentative agreements reached with correctional officers and aviation inspectors,
the Government has reached settlements involving more than 18,000 public sector
workers since July 4.
"Through fair and reasonable negotiations we have been able to reach a tentative
settlement with the Technical Services Group on a new collective agreement," said
Minister Clement. "This is the same balanced and consistent approach which has allowed
the Government to settle 24 of 27 collectively bargained agreements in the core public
service."
The offer is consistent with settlements reached with other groups in the core public
administration and is aligned with what is offered by other public- and private-sector
employers. The Technical Services Group represents 10,850 employees in six
classification groups responsible for drafting, illustration, photography, inspection and
engineering support.
Further information regarding collective bargaining matters can be found on the
Collective Bargaining Update page on the Treasury Board of Canada Secretariat website.
Le ministre Clement annonce la troisième entente
de principe conclue avec des syndicats du secteur
public en un mois
http://www.tbs-sct.gc.ca/media/nr-cp/2013/0801-fra.asp
Pour diffusion immédiate
Le 1er août 2013
Ottawa – L'honorable Tony Clement, président du Conseil du Trésor, a annoncé
aujourd'hui que le gouvernement du Canada a conclu sa troisième entente de principe
avec un syndicat du secteur public en l'espace d'un mois, ce qui souligne l'engagement
pris par le gouvernement de parvenir à des règlements justes et raisonnables qui protègent
les intérêts des employés et des contribuables.
Une entente de principe a été conclue tôt ce matin avec l'Alliance de la fonction publique
du Canada, le syndicat représentant le groupe Services techniques (TC). En plus des deux
ententes de principe précédentes conclues avec les agents correctionnels et les inspecteurs
d'aviation, le gouvernement a obtenu des règlements visant plus de 18 000 employés du
secteur public depuis le 4 juillet.
« Grâce à des négociations justes et raisonnables, nous avons pu conclure une entente de
principe avec le groupe Services techniques relativement à une nouvelle convention
collective, a dit le ministre Clement. Il s'agit de la même approche équilibrée et cohérente
qui a permis au gouvernement de conclure 24 des 27 conventions collectives dans
l'administration publique centrale. »
L'offre est cohérente avec des règlements conclus avec d'autres groupes de
l'administration publique centrale et est harmonisée avec ce qu'offrent d'autres
employeurs des secteurs public et privé. Le groupe Services techniques représente 10 850
employés qui font partie de six groupes de classification responsables des dessins, des
illustrations, de la photographie, de l'inspection et du soutien technologique.
Pour de plus amples renseignements sur les négociations collectives, veuillez consulter la
page Mise à jour sur les négociations collectives sur le site Web du Secrétariat du Conseil
du Trésor du Canada.
----------------------------------------------------
Unions could pay a vital role in today’s political debates but are
strangely absent.
http://www.thestar.com/opinion/commentary/2013/08/02/the_diplomats_hit_the_bricks_rick
_salutin.html
Rick Salutin Columnist,
Fri Aug 02 2013
It’s always diverting when an apparently effete workforce, like foreign service workers at
Canadian embassies, hit the bricks — a hopelessly out-of-date term — i.e., go on strike.
It’s your basic fish-out-of-water scenario, as they say at the fall TV launches. In this case,
embassy employees are refusing to issue visas to foreign students coming here, or tourists
travelling to family weddings etc.
That causes inconvenience, anger, sorrow as well as financial loss to strapped
universities. The union is demanding pay raises to lift them to the same level as other
government employees doing similar jobs. As usual, the employer — the Harper
government — holds almost all the cards.
They can simply hold their line as the anger and pain mounts. They don’t care so much if
people get angry, or how long it lasts, as they do about who gets the blame — which will
be the union. Meanwhile they posture about being on everyone’s side. The minister
involved, Tony Clement, says he wants a solution that “respects the interests of both
taxpayers and foreign service union members.” There you go, union: he’s put you in
check, possibly checkmate.
Why doesn’t the union protest loudly that they’re taxpayers, too? Or that fairness in pay
is something anyone who has a job can identify with and support. Plus: higher wages lead
to more demand in the economy, therefore more jobs and taxes paid, lowering deficits,
etc.
In other words, why don’t they contest the battle for the public mind? I don’t know why
but they don’t, or rarely do. They seem to have lost track of that tactic. It went missing in
the Ontario teachers conflict this year, too. The unions made little or no effort to explain
their case and enlist parents, students and citizens on their side. That left the McGuinty
government with the role of defender of the taxpayers. It’s not inevitable. The Chicago
teachers’ union laboured for wider support and won their strike with it.
This matters not just because it would be smart for unions. It’s because they, for about a
century, have been central to general social improvement. They provided inspiration,
resources, organization: without them there would not have been public health care,
universal pensions, health and safety laws, the whole panoply of the (now disputed)
welfare state. It’s hard to imagine today how central they recently were to the electoral
and legislative calculations of all political parties, not just Democrats in the U.S., or
Liberals and NDP here.
But wait a minute. Am I languishing nostalgically in the past? If unions don’t play that
“progressive” role as publicly as they once did, there’s now the Internet. Organizations
like Avaaz, Change.Org, MoveOn.Org, Leadnow in Canada: they appeal to the public, in
the public interest, to sign petitions, donate money, sometimes even get out in the street.
I’m not sure why I feel these initiatives can’t fill the union role, maybe I am just
nostalgic. Nevertheless:
1) “Action,” or just action, on the Internet is disembodied but human beings still inhabit
bodies. Sure there’s such thing as virtual reality, but it isn’t basic human reality. People
are only really engaged or “there” when they feel the space they inhabit and how they
share it with others. The Internet saps some of that vitality. All major protests in recent
years (the Arab Spring, Spain, Greece, etc.) used social media to bring people into the
streets where they “occupied” space together. This is why union experiences can be,
though they rarely are, transformative.
2) The space people share is often related to work, whether it’s loved or hated. That
won’t change anytime soon, so work-related connections matter.
3) All key social issues today relate to challenging corporate wealth and power, that is,
they have an economic dimension. It’s hard to imagine mounting any real challenge
without an economic counterforce, which is what unions are.
It’s a daunting challenge for unions. Today they barely exist in the public mind. A few
decades ago, if you asked people to free-associate with “union” you’d get many
responses: strikes, chants, acronyms, leaders, songs. Now, at least among the young,
you’d probably get mostly blanks. Nothing. On the other hand, a blank slate isn’t the
worst place to start.
Rick Salutin’s column appears Friday. [email protected]