Trudeau condemns Ontario government's intent to use notwithstanding clause in worker legislation

Prime Minister Justin Trudeau is condemningthe Ontariogovernment's intent to usethe notwithstanding clause as part ofa controversialbill that would impose a contract on provincial education workers.

His comments came Tuesday morningas the Ontario legislature heldanearly session called by the Fordgovernment tospeed up passage of the Keeping Students in Class Act that would impose a contract on education workers represented by the Canadian Union of Public Employees (CUPE) and prevent them from striking.

CUPE has said it will explore every avenue to fight the bill, but the government said it intends to use the notwithstanding clause to keep the eventual law in force despite any constitutional challenges.

The clause allows the legislature to override portions of the Canadian Charter of Rights and Freedoms for a five-year term.

"Using the notwithstanding clause to suspend workers' rights is wrong," said Trudeau, adding collective bargaining negotiations need to happen respectfully despite any difficulty that arises.

"The suspension of peoples' rights is something that you should only do in the most exceptional circumstances,and I really hope that all politicians call out the overuse of the notwithstanding clause to suspend peoples' rights and freedoms."

Federal Labour Minister SeamusO'Regan called the pre-emptive use of the notwithstanding clause a "travesty," while Federal Justice Minister David Lametti saidhe is looking at how Ottawa could challenge the province's use of theclause.

Education minister says clause can reduce challenges to bill

Education Minister Stephen Lecce, speaking with CBC's Metro Morning on Tuesday, noted there was a "massive difference" between the two sidesduring negotiations.

"This is not the first option of any government to legislate, but the alternative is to do frankly nothing," said Lecce.

LISTEN | Ontario's education minister on preventing strike action:

Ontario education workers vow to walk off job despite anti-strike legislation

2 years ago

Duration 4:53

Ontario MPPs gathered in an early-morning session to pass legislation aimed at preventing a strike by education workers. The Progressive Conservative government promises to use the notwithstanding clause to enforce the legislation.

When asked how this bill differs fromlegislationpassed bythe former provincial Liberal government in 2012 that ultimately ended with the province paying more than $100 million in remedies to affected unions, Lecce said the bill was designed with the notwithstanding clause in mind, which can "reduce any litigation or challenges downstream that could create disruption."

"The point of this government legislation is designed to keep kids in school," said Lecce.

"And if we're going to do that, as a lesson learned from the former government, we're going to do it with all the tools at our disposal to avert a strike and a disruption and any type of problems that could arise in the coming weeks or months."

In a letter dated Monday and released Tuesday, the Ontario Liberalsrequested the Speaker of the Legislative Assemblylook into comments made by Lecceas a breach of parliamentary privilege, citing hispresumed passage of the billon multiple occasionsafter the bill was introduced.

During question period Tuesday,Premier Doug Ford said that the government's offer is "very fair," and suggested he looks out for the front-line workers but not their union heads.

"We aren't going to feather the nest of the head of CUPE," he said. "We differentiate between labour and labour leadership. I think the labour needs to find new leadership."

Ford's statements are based on an untrue union trope and draw focus away from the lack of funding and diminishingworkforce in Ontario's schools, Fred Hahn, president of CUPE Ontario, toldCBC Toronto.

"It's really unfortunate, and it's the direct opposite of what we need in a leader," said Hahn.

Education workers to walk off the job Friday

The province's movecomes afterCUPEsaid its 55,000 education worker members, includingearly childhood educators, custodians and librarians, would walk off the job Friday despite the legislation. It's not clear if the walkout would last more than one day.

The proposed bill sets out a strike ban with fines of up to $4,000 per employee eachday and $500,000 for the union, with the union promising to foot the bill for any such fines.

CUPE said it was at the table and would be proposing a counter offer. The government said it would also meet if the mediator asks their side to return, and wants to hear if CUPE's new offer is "reasonable."

Several unions have made statements in solidarity with CUPE, most notably the Labourers' International Union of North America (LiUNA), which endorsed Ford's Progressive Conservatives in the June election.

"Forcibly imposing a contract on workers is not the answer," Joseph Mancinelli,LiUNA'sinternational vice-president and regional manager for central and eastern Canada,wrote to LecceTuesday.

WATCH |Ontarioeducation workers vow to protestas Ford government speeds uppassage of bill:

The government had been offering raises of two per cent a year for workers making less than $40,000 and 1.25 per cent for all others, butLecce said the new, imposed four-year deal would give 2.5 per cent annual raises to workers making less than $43,000 and 1.5 per cent raises for all others.

CUPE has said its workers, which make on average $39,000 a year, are generally the lowest paid in schools and it has been seeking annual salary increases of 11.7 per cent.More than 96 per cent of CUPE's education worker members voted in favour of a strike.

Several school boards, including the Toronto District School Board (TDSB), havesaid they will haveto close schools Fridayin response.

About 15,000 TDSB employees roughlya third of the board's staffare CUPEemployees,TDSB spokesperson Ryan Bird said Tuesday. He said if they walked off the job, it's not possible to operate schools safely.

Should the job action continue beyond Friday, he said, the board would notify parents and students as soon as possible so that they can make alternate arrangements.

Riaz Ahmed, the father of a first grader and a junior kindergartner in the board, said the planned school closures have complicated his plans for Friday because both he and his wife are working parents.

"We are still planning, and we are still trying to figure out a way,"he said.

Danyaal Raza said he and his partner were still working out childcare plans for his six-year-old, who attends Grade 1 at a TDSB school, as they look to either adjust work schedules or ask grandparents for support.

Raza, a family physician,said the walkout was "no doubt going to cause some short-term disruption and short-term frustration," but he said he supports the education workers' right to strike and negotiate a deal.

"I was quite actually shocked to see that not only was that not going to happen, but that the provincial government was using the notwithstanding clause to override that right," Raza said.