Don’t blame Ford for using the notwithstanding clause – it was the only logical solution
Patrick Groom is a partner at McMillan LLP and designated as a certified specialist in labour law by the Law Society of Ontario.has generated unprecedented uproar by invoking the notwithstanding clause to limit rights under the Charter of Rights and Freedoms for the first time in a labour dispute – but it may have been the only tool he had to keep schools open.
Since 1982, when the Charter was enacted, there have been more than 94 instances where a federal or provincial government has used back-to-work legislation to end a labour dispute. CUPE to end education protests in Ontario after Doug Ford says he will repeal legislation banning strike The practical effects of the “Second Labour Trilogy” decisions came to light in 2016, when the Superior Court of Justice found that Ontario had infringed on the rights of several education unions. In 2012, the Liberal government of the day passed Bill 115, the Putting Students First Act, to impose certain collective-agreement terms that had been negotiated with the Ontario English Catholic Teachers’ Association on the five other education unions, including CUPE.
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