Ontario PCs invoke Charter’s notwithstanding clause to impose contract on education union

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Ontario PCs invoke Charter’s notwithstanding clause to impose contract on education union
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Ontario introduced unprecedented back-to-work legislation on Monday, aiming to impose a four-year contract on school support workers. The government is using the notwithstanding clause to prevent any legal challenges.

Ontario Education Minister Stephen Lecce walks the halls of Queen’s Parks and answers questions from the media in the Ontario Legislature.

The bill sets out fines for striking workers and the union itself. Individuals face a fine of up to $4,000 per day, while CUPE faces a daily fine of up to $500,000. The union said it'll be paying the fines for any of its 55,000 workers. On Sunday, CUPE gave notice of intention to strike, which started the five-day countdown to when they'd be in a legal position to strike. This legislation, however, makes that null and void by making a strike illegal.

University of Saskatchewan political science professor Charles Smith said it'll be interesting to see how the other unions support CUPE — potentially with protest strikes, job action, picketing or financial support. Prior to Ford, no Ontario government had ever used the notwithstanding clause. The PCs' first use of the constitution-overriding clause was in its 2018 bill reorganizing Toronto's city council. Its second usage was reworking Ontario'sThe 2018 occasion didn't require the clause because the government ultimately didn't need to pass it once they were granted a stay.

The Canadian Civil Liberties Association called the Ford government's use of the notwithstanding clause a"flagrant disregard for individual rights," which it said is"dangerous to our constitutional democracy."

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