[The union expert] testified in the same way…: The conclusion of the review of public deficits over time and on the provinces and other jurisdictions in Canada and the OECD is that Manitoba has managed its fiscal position responsibly and in agreement with other jurisdictions. There is no sign of a budget crisis in Manitoba. McKelvey also called the 2016 mandate at the University of Manitoba to maintain a wage freeze in ongoing collective bargaining at the time was „a major disruption to the collective bargaining process” and another violation of S.2 (d). In Meredith v. Canada (Attorney General), 2015 SCC 2 (CanLII), reported to Lancaster`s Collective Bargaining, On April 8, 2015, eAlert No. 66, the Supreme Court considered a constitutional challenge by members of the Royal Canadian Mounted Police (RCMP) to the Federal Expendiation Act (ERA), which limited wage increases for most federal employees and increased by 1.5 per cent for each of the 2008-2009 2009-10 and 2010-11. The majority found that wages were essential for workers, but that the ERDF, adopted in response to a global economic crisis, limited the salaries of RCMP members to a level consistent with the increases of the time in other collective agreements. The ERDF has also been time-limited and has authorized negotiated agreements on other compensation issues. In these circumstances, according to the Supreme Court, the REE did not result in significant interference in collective bargaining. The current collective agreements remain in force for the time being. The applicants argued that the PSSA constituted significant interference in a collective bargaining process, which is protected in accordance with Part 2 (d) of the Charter. Although the ASSP is not yet in force, according to the „PSSA”, public sector employers have relied on limiting wage increases beyond the limits of the ASP. They also stated that the government was required to consult in advance of legislation and to negotiate collective agreements in good faith before introducing legislation that affects the content of collective agreements and failing to meet those obligations.
The applicants also argued that the PSSA had not been retained under Part 1 of the Charter as an appropriate restriction on freedom of association.