Learning Stories
by
Mario deSantis

mariodesantis@hotmail.com

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I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, and free to choose those who shall govern my country.” - -The Rt. Hon. John Diefenbaker, Canadian Bill of Rights, 1960

The whole judicial system is at issue, it's worth more than one person.”--Serge Kujawa, Saskatchewan Crown Prosecutor, 1991

The system is not more worth than one person's rights.”--Mario deSantis, 2002


Ensign Stories © Mario deSantis and Ensign

 

The Constitutionality of Bill 23 :
Back-to-Work Legislation against Saskatchewan Nurses

Wednesday June 9, 1999 (story 57)

 

Last Saturday June 5, 1999, my son James came back to Nipawin to resume his study for his upcoming GMAT examination. Upon his arrival, he mentioned that during his trip he overheard on CBC radio of a research by some students supporting the illegality of the passing of Bill 23 related to the back to work legislation against the Saskatchewan Nurses. Monday afternoon, June 7, 1999, I contacted Jerry Jones of CBC Saskatchewan, Regina, and he confirmed the airing of this research and faxed me the Press Release "Labour Law Class determines Government in Violation of Various Laws" issued by The Saskatchewan Federation of Labour. This press release makes reference to a group of students involved in a Labour Studies Law Class, sponsored by the University of Saskatchewan, and to their researches in labour and human rights legislation.

Their research in the passing of Bill 23 determined that the government of Saskatchewan violated a number of clauses in the provincial Trade Union Act, the Saskatchewan Human Rights Code and the International Labour Organization's (ILO) International Covenant on Economic, Social and Cultural Rights. Our astute and constitutional lawyer Premier Roy Romanow has said that Bill 23 would be repealed as soon as there was an agreement between the Saskatchewan Union of Nurses (SUN) and the Saskatchewan Association of Health Organizations (SAHO)(1).

In the meantime, Brian Rourke, the law and order Chair of SAHO, is trying to fatten its coffer by seeking fines for contempt of court of approximately $1 million for SUN's refusal to return to work(2). Our Justice system doesn't know yet how to deal with this contempt of court charge and it is buying time; the hearing was originally scheduled for April 19, but it was postponed twice and now it is scheduled for June 24.

Our social, political and juridical saga of this Bill 23 continues. Anyhow, I am very pleased that these students were able to think on their own and demonstrate that our governments and bureaucracies can be the primary source of illegal behaviour. This government lead by our constitutional lawyer Premier Roy Romanow is corrupted to the core(3); in fact, while other Saskatchewan governments have been affected by corruption and their culprits have been criminally charged and some put in jail(4), this NDP government has worked intimately into the social fabric of our Saskatchewan people by corrupting the delivery of health care services(5), corrupting our leadership(6), our educational system(7) (8), our Crown Corporations(9) (10), our justice system(11) (12), business at large(13) and now by passing illegal legislation. Our Constitutional lawyer Premier Romanow is smart enough not to steal money outright as some previous members of the legislature did; he just works underground, behind the scenes, by issuing paper legislation, and in so doing he backstabs the Saskatchewan people by taking away their individual rights and their dignity.

Tuesday morning at 8:30 I was listening to the news reported by CBC Radio and I realized the extent of our social and political confusion: I heard that The Saskatchewan Federation of Labour is supporting the NDP party in the upcoming three by-elections to be held on June 28, 1999.

Endnotes

1. Law students pan Sask. Nurses' bill, by Patrick Cabel, The StarPhoenix, June 7, 1999, Saskatoon, Saskatchewan

2. The Saskatchewan Government and SAHO: Mismanaging Health Care and Blackmailing SUN Nurses, by Mario deSantis, May 9, 1999. Published in the North Central Internet News

3. The Political Mission of Premier Romanow: Divide and Conquer, by Mario deSantis, April 18, 1999. Published in the North Central Internet News

4. Wheels of justice grinding extremely slowly, by Randy Burton, The StarPhoenix, January 5, 1999, Saskatoon, Saskatchewan. This article makes reference to the fraud of misusing communications allowances by some previous Conservative MLAs, including Senator Eric Berntson and one-time Justice Minister Bob Andrew.

5. Never Enough Money For SAHO, by Mario deSantis, March 31, 1999. Published in the North Central Internet News

6. Saskatchewan Tin Pot Dictatorships: Lack of Integrity Is A Lack of Leadership, by Mario deSantis, February 8, 1999. Published in the North Central Internet News

7. System Dynamics In Education: Failures of the Current System, by Mario deSantis, March 21, 1999. Published in the North Central Internet News

8. Lack of Vision in Saskatchewan Education, by Mario deSantis, March 14, 1999. Published in the North Central Internet News

9. Channel Lake saga unmasks arrogant NDP, SP Opinions, The StarPhoenix, February 9, 1999, Saskatoon, Saskatchewan

10. Report of the Provincial Auditor, 1999 Spring Report. Refer to the Workers' Compensation Board, pages 17-28

11. An extract from the judgment dated July 17, 1998 in the Queen's Bench Judicial Centre of Yorkton, by Justice Barclay "racism is a grim reality in Canada and in Saskatchewan. It exists openly and blatantly in attitudes and actions of individuals. It exists in the fears, in the prejudices and stereotypes held by many people and it exists in our institutions in the criminal justice system"

12. When Justice Fails:The David Milgaard Story, by Carl Karp and Cecil Rosner, McClelland & Stewart, 1998

13. Refer to the recent bankruptcy of Lake Diefenbaker Potato Corp. (LDPC). Public up to eyes in potato mess, by Murray Mandryk, The StarPhoenix, June 5, 1999, Saskatoon, Saskatchewan