February 26, 2014
The Province of British Columbia retained Howard Shapray to assist in its appeal from a decision of the B.C. Supreme Court declaring unconstitutional legislation that cancelled terms of the teachers collective agreement. In a decision released today, Mr. Justice Harris of the Court of Appeal ordered a stay of the declaration of unconstitutionality and also stayed orders that would have permitted the plaintiff BC Teachers Federation to distribute to its members material protected by Cabinet confidentiality.
In his reasons, Mr. Justice Harris noted that there were serious questions raised on both issues, and that failing to order stays would result in irreparable harm to the government, both in the cost and disruption of implementing the Supreme Court's order to retroactively introduce a historic collective agreement, and the disclosure of what might be constitutionally-protected information.
For more information, see the court's judgment at http://www.courts.gov.bc.ca/jdb-txt/CA/14/00/2014BCCA0075.htm