This is a scandal, these are just working people. I don't know how that blackheart Hallsor sleeps at night.

Boy I must be out of the loop for sure. When did Stephen Kelleher become a Supreme Court Judge?

What in the world does anyone named Hallsor have to do with this?

Stephen Kelleher was rewarded with an appointment to the Supreme Court bench when he stepped aside in favour of the Liberal's choice for Chair of the Labour Relations Board, Brent Mullin, who had apparently been seeking the post ever since his previous removal as an LRB Chair under the NDP.

It seems to me rather odd that someone with such a lengthy track record as a labour relations adjudicator would be selected to deliberate on this case.

There's nothing more pathetic than those who break the law and engage in civil disobedience but don't want to face the consquences. That's the whole point in believing in and fighting for a cause.

Of course, it's not really a cause but campaign tactic in service to the NDP.

And who are the self appointed Canadian taxpayer Associaton beholden to than....
They may have to pay but for the Fiberals breaking contracts and selling off the hospitals to unscrupulous companies and destroying their jobs but there comes a time..
It would be nice when these so called hacks sue Maximus and the goverment for the millions wasted but I believe that the Candian Taxpayers association are the epitomy of hypocrisy and are politcally beholden to the right wing sector.You know, those special interest groups.Thos groups like Can West who are beholden to those proponents of small government and liberty, the big bis lobby.

I don't think that Stephen Kelleher's Liberal Party credentials are in dispute anywhere. However, I am not aware that he is considered to have been pro-employer or anti-union in the past. So this verdict is somewhat surprising.

Is there a link to the judgement? Is it substantive or purely technical (LRB has juridiction and can or must hear)?

Someone needs a lesson on the constitution... The BC government does not appoint judges, the feds do. So stepping aside as Labour Board Chair for the BC Libs would have no impact as you so conspiratorially suggest. If you don't like the decision, fine, but ad hominem attacks on a fairly well respected member of the judiciary is pretty lame.

And the difference between the BC and Ottawa political establishment would be ... ?

OK, I confess. I have a very strong (and well founded) bias against the judicial / quasi judicial establishment.

Can't recall the exact date, but that bastion of intellect The Province, quite recently published an editorial calling upon the federal Minister of Justice to stop studying his navel and finally put an end to a judicial appointment system that relies upon and promotes cronyism.

Well...there's a reason why that strike action was illegal, and unions are not above the law, nor should they be. I for one am very happy that this class action lawsuit may proceed.

The difference between union leaders and government is that when it comes time to elect a government, everyone gets a secret ballot vote.

Here's the link to the decision:

http://www.courts.gov.bc.ca/Jdb-txt/SC/05/13/2005BCSC1369.htm

Thanks to Eleanor for the link. It appears to be a techical case, and now the LRB will have to decide if there are to be any damages awarded to the Canadian Taxpayers' Federation members who were involved.

Did you even read the link, Budd?

Damages are awarded by a court to any person claiming loss or suffering as the result of an illegal strike, but only after the strike has been declared illegal by the LRB. The LRB ruled the strike illegal. The HEU appealed to the court, saying that their strike was actually protected political speech, and/or that there was no evidence presented that they picketed. The court said "stfu", and "protest lines are the same as picket lines", upholding the finding of the LRB.

Now any person or group, be it people scheduled for surgery that was cancelled (the named respondents), or the taxpayers federation, or you and me are free to bring claims for damages before a court (not the LRB).

Now why would the Canadian Taxpayers Federation go to court to help all those poor souls who didn't receive medical treatment in a timely manner due to an illegal strike but do nothing for those unfortunates who suffer while they wait for their name to come to the top of a waiting list or whose surgery is cancelled because the hospital has no bed for them?

Wouldn't a real taxpayers federation be concerned about people paying taxes for government services they are NOT receiving?

Jeez - the amount of misinformation and disinformation here is staggering.

To correct a few errors:

1) The role of a judge on judicial review is not to reconsider the merits of a labour board decision unless the labour board made reached a 'patently unreasonable' decision (a high standard to meet), acted unfairly, or completely misapprehended evidence (another very high standard). In other words, the courts won't meddle with the decisions of a specialized tribunal like the LRB unless an applicant can show some glaring error of procedure. The unions weren't able to show that error here. For all we know, the judge might disagree with the merits of the decision but it's not his job on judicial review to re-hear the case.

2) Steve Kelleher did *not* step aside as chair of the LRB to make room for Brent Mullin. Judge Kelleher was chair of the LRB in the early 1980s, having worked on the committee that helped draft and implement the Labour Code in the 1970s. He left the LRB in 1984 and spent the next 20 years as a private labour arbitrator who was one of BC's 'A-team' arbitrators (along with the likes of Don Munroe, Vince Ready, Allan Hope and others). So Chris Budgell's allegation that he stepped aside at the behest of the Liberals is totally false.

3) In any event, the provincial government has no power to appoint superior court judges (as someone pointed out above).