Constitution (UPDATES)

ONTARIO GOVERNMENT USES “NOTWITHSTANDING CLAUSE”: NOVEMBER 2022.


Notwithstanding freedoms of expression and peaceful assembly in the Canadian Charter of Rights and Freedoms, the Ontario Legislature passed a statute requiring education workers (members of the CUPE union) return to work under a contract that gave workers about a 1.5% pay increase and essentially prohibiting strike action and picketing. Our Constitution allows a legislature to override “guaranteed” rights and freedoms if it includes this clause. Political parties that support such inclusion face the electorate in due course. (Education workers do NOT include teachers and management.)


COMMENT ON BILL 28 RE SENDING CUPE WORKERS BACK TO WORK

It is said that no law should be passed that is so unpopular that it cannot be enforced. One wonders whether the Ford government miscalculated or misunderstood public sentiment and worker/union resolve. A day or so after using the notwithstanding clause and passing legislation, the Premier indicated his government was willing to rescind the statute if the CUPE Union called off the strike.

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