TTC workers now have the legal right to strike after an Ontario Superior Court judge ruled Monday that legislation declaring the transit agency an essential service is unconstitutional.
The decision by Justice Chalmers overturns legislation introduced in 2011 by the then provincial Liberal government banning TTC workers from walking off the job.
“The evidence does not support the government’s position that the disruption of transit services in Toronto would ‘threaten serious harm’ or ‘endanger the life, personal safety or health’ of the whole, or part of the population,” the ruling read. “I conclude, on the evidence, that the benefits that may be achieved by removing the right of TTC employees to strike do not outweigh the harm caused by the loss of the right to meaningful collective bargaining.”
“The applicants are not permitted to strike during the term of the collective agreement. Therefore, the government has effectively until March 31, 2024 to respond to this decision before the applicants will be in a legal position to strike,” he wrote.The union president called the law “irresponsible legislation.”
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