It was the final day of hearings in the government's appeal of the ruling that deemed its wage-cap law unconstitutional
EDITOR’S NOTE: This article originally appeared on The Trillium, a new Village Media website devoted to covering provincial politics at Queen’s Park.
In September 2022, Superior Court Justice Markus Koehnen declared the bill unconstitutional because it substantially infringes on the Charter right to freedom of association as it applies to collective bargaining and the breach was not a reasonable limit under the law. Lawyer Mae J. Nam argued Thursday that the bill substantially interfered with the ability of her client, OPSEU, to bargain for greater gender parity because compensation increases were capped at 1 per cent across the board, leaving no opportunity to win higher raises for low-paying female-dominated fields. The union's members had directed the union to do so.
The legislation was written so that no workers could get more than a 1 per cent raise, so the union wasn't able to redistribute what bargaining room may have been available to benefit lower-paid, female-dominated fields, said Nam. The result of one-per cent raises across the board was that the gender gap, and the gap between lower- and higher-paid workers, widened, she said.
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