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After almost two weeks Saanich schools are still closed as a result of a strike by support staff.

Support staff are seeking a wage increase to match other school districts. The support staff ended up with lower salaries as a result of past contracts that provided for greater benefits, instead of larger salary increases.\\xa0

The Saanich School District has offered all of the money they are permitted to pursuant to a provincial bargaining mandate. This amounts to an overall 6% increase in pay over a three-year period of time. Larger increases were offered for lower-paid employees, funded by, amongst other things, a reduction in benefits. The union has rejected the offer.

The dispute is at an impasse because other public sector unions in British Columbia have negotiated \\u201cMe Too\\u201d clauses in their contracts that provide that they would automatically receive a pay increase if any other public sector union is able to get more than a 6% pay increase. The effect of this would be to cost the province hundreds of millions of dollars for any pay increase of more than 6%.\\xa0

In some jurisdictions, public service employees have an unfettered right to strike. In other jurisdictions, there is no right to strike at all and collective agreements are arbitrated. In British Columbia, we have a \\u201ccontrolled strike\\u201d model.\\xa0

One of the controls on public service employee strikes is provided for in section 72 of the Labour Relations Code. That section permits services to be designated as \\u201cessential.\\u201d

Previous decisions of the Labour Relations Board have concluded that, in some circumstances, education is an essential service because an extended strike or lockout would cause an \\u201cimmediate and serious danger to the health, safety, or welfare of the residents of British Columbia\\u201d.\\xa0

The process to designate a service as essential can commence by way of a request from one of the parties to the dispute. In this case, the Saanich School District could make a request to the chair of the Labour Relations Board.\\xa0

\\xa0Following a report from the Labour Relations Board, or on his own initiative without a report, the Minister of Labour can then direct the Labour Relations Board to designate a service as essential.\\xa0

The Labour Relations Board would then be required to determine exactly which services are essential.

A previous decision of the Labour Relations Board is discussed. This decision determined that disruption of educational services, for more than two weeks, may create immediate and serious danger to the welfare of the residents of British Columbia: the students who are impacted.

The mandate letter, sent to Harry Bains by the premier, when he was appointed as Minister of Labour, directs him to, \\u201censure that children get access to the quality public education they need to succeed\\u2026\\u201d\\xa0

Also discussed in the episode are limitation periods for police investigations.\\xa0

Except for some minor offences, such as public nudity, most offences can be proceeds with either summarily, or by indictment.

When charges are proceeded with summarily, there is a 12-month limitation period. This was recently extended from 6 months.\\xa0

The Crown can, however, choose to proceed with most offences by indictment and, in this case, there is no limitation period. There are, however, additional procedural protections that are engaged such as the right to a jury trial.\\xa0

Finally, a class action case against a number of British Columbia credit unions is discussed.

Links to cases discussed, and a transcript of the show can be found here.\\xa0