Charter of Rights & Freedoms: Part 2 – Enforcing Rights in the Workplace
9:30 AM - 4:00 PM PST Maritime Labour Centre 111 Victoria Drive Vancouver, BC V5L 4C4
In Person at the Maritime Labour Centre
Charter Part 2 explores how the Charter of Rights and Freedoms is used to change laws that infringe the rights of workers and their unions. In 2007, BC Health Care unions successfully argued that the Charter protects collective agreements from government interference and contract stripping. Unions have won challenges to law which limit the right to strike, prevent workers from unionizing and that have restricted collective bargaining. Charter Part 2 reviews the process of using the Charter in a court action, labour board hearing, or arbitration to challenge employer action to government laws. The purpose of this course is to enable unions to understand the significant challenges and implications of using the Charter, which may ultimately end at the Supreme Court of Canada.
Facilitator: Craig Bavis & Rebecca Kantwerg, Victory Square Law Office
Craig Bavis has been a Partner at Victory Square Law Office since 2005. Craig has extensive experience in advising and representing unions in mediation, arbitrations and at Labour Relations Board hearings. He has appeared in all levels of court up to the BC Court of Appeal and Federal Court of Appeal. Craig primarily represents unions in the public and private sector across British Columbia in labour matters. Craig also works in Saskatchewan where he is involved in Charter litigation.
Rebecca Kantwerg (she/they) joined the firm as an associate in 2018, after articling and working in-house for a large union in British Columbia. Rebecca has represented clients at numerous mediations, and has appeared before labour arbitrators, the BC Labour Relations Board, the BC Human Rights Tribunal, the Canada Human Rights Tribunal, the Canada Industrial Relations Board, the BC Court of Appeal, and the Federal Court of Appeal. Rebecca also has experience intervening in matters at the BC Court of Appeal and responding in BC Supreme Court to last minute applications for injunctions against picketing and protesting.