Use of the notwithstanding clause to prevent a strike could have profound implications for labour negotiations across the country, experts say
TORONTO — Ontario's pre-emptive use of the notwithstanding clause in legislation intended to prevent a strike by education workers is a dangerous and draconian move that could have implications for labour negotiations across the country, experts say.
The use of the notwithstanding clause has roiled unions and shocked observers across the country, who fear it could embolden other governments to quash one of the most powerful pieces of leverage a union has in negotiations, without constitutional recourse. Education Minister Stephen Lecce has defended the use of the clause, saying it is to prevent disruptions to classroom learning because of strikes or litigation.
The use of back-to-work legislation has been increasingly common since the 1980s, said Charles Smith, co-author of "Unions in Court," a history of the labour movement's engagement with the Charter. He said it eventually led the Supreme Court in 2015 to declare the right to strike as constitutionally protected.
"It is hard not to read it any other way than wanting to dictate contract terms then not having to pay out the other end for a violation of their Charter rights," she said. Canadian Labour Congress president Bea Bruske said in her 30 years in the labour movement, she does not "remember a time when there was this much immediate response to something that egregious."
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‘Dangerous’ and ‘draconian’: Labour experts pan Ontario’s notwithstanding clause use | Globalnews.caThe move not only has significant implications for other major education unions currently negotiating with the province, but for unions across the country, Ross said.
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'Dangerous' and 'draconian': Labour experts pan Ontario's notwithstanding clause useOntario's pre-emptive use of the notwithstanding clause in legislation intended to prevent a strike by education workers is a dangerous and draconian move that could have implications for labour negotiations across the country, experts say.
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'Dangerous' and 'draconian': Labour experts pan Ontario's notwithstanding clause useTORONTO — Ontario’s pre\u002Demptive use of the notwithstanding clause in legislation intended to prevent a strike by education workers is a dangerous and draconian…
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Ontario's notwithstanding clause use 'dangerous' and 'draconian,' labour experts sayOntario's pre-emptive use of the notwithstanding clause in legislation intended to prevent a strike by education workers is a dangerous and draconian move that could have implications for labour negotiations across the country, experts say.
Read more »