Changing A Law

When Karen left Household Services Co-op, she did not want to go back to working alone in someone's home. She got unemployment insurance for a year, and then went on social assistance. Karen was still waiting for the Department of Labour hearing against her former employer. While she was waiting, Karen and some other women began to talk to politicians about the problems facing domestic workers. There were elections and changes of government. A new government means that different people are in charge. Every time there was a change of government, Karen would begin again, talking to the new minister and new members of the opposition party.

Finally, Karen's lawyer got tired of waiting for the Department of Labour hearing. "Rather than working on change case by case," Karen said, "we thought we should try to change the system." They decided to challenge the law. The two-tiered minimum wage was not fair. It might even violate people's rights under Section 15 of the Charter of Rights and Freedoms. Section 15 promises "equality before and under the law and equal protection and benefit of law." The fact that some people were getting a lower minimum wage than others might mean they were not benefitting from the law as much as most people. Karen and her lawyer decided to challenge the law in court. Their case against the government was registered with the Supreme Court of Newfoundland in 1989.

In a democracy, the government will sometimes change laws if they are very unpopular. Karen and her lawyer did not rush their court case. They hoped publicity about their case would help people to understand it was unfair to pay two different minimum wages. Maybe this would make the government change the system before the court case began.

Things did not look good. In the spring of 1990, the government of Newfoundland filed a statement with the Supreme Court. The government said it did not want to change the two-tiered minimum wage. It looked as if Karen and her lawyer were in for a long battle in court. But in 1990 the government began to realize that the idea of two minimum wages was unpopular. Members of the opposition asked questions about the minimum wage, and said the system should be changed. Karen and other women kept talking to people in the government. No one seemed to think that the two-tiered minimum wage was a good idea.

Late in 1990, the government decided to change the law and do away with the two-tiered minimum wage. Karen and her lawyer had won their battle without ever setting foot in court. On April 1, 1991, the two-tiered minimum wage system ended. The minimum wage became $4.75 per hour for everyone in Newfoundland and Labrador. This did not apply to casual baby sitters.