NDP slams Ontario's 'outrageous' plan to use notwithstanding clause in dispute with education workers

A northwestern Ontario MPP with the Opposition New Democrats says the province's plan to use the notwithstanding clause to impose a new contract on the province's education workers is "outrageous."

The Keeping Students in Class Act  is being debated at Queen's Park on Tuesday. If passed, the bill would essentially force workers — including early-childhood educators, librarians and custodians — to remain on the job, and could see fines imposed on both workers and the Canadian Union of Public Employees (CUPE) in the event of a strike.

"I think it's outrageous," Lise Vaugeois, who represents the riding of Thunder Bay-Superior North, told CBC News during the emergency legislative session Tuesday. "It's the first time in Canadian history it has ever been used as a weapon against workers. It was never intended to be used in that way.

"It's really a trampling of very, very basic rights that workers have fought many years to attain, and they're just being wiped out."

The bill allows for fines of up to $4,000 per day against each worker who takes part in a strike.

The government has also said it intends to use the notwithstanding clause — which essentially gives the province the ability to override certain portions of the Charter of Rights and Freedoms for five years — to halt any constitutional challenges to the bill.

'Pretty distressing' atmosphere

The Queen's Park session Tuesday began at 5 a.m. to allow for a debate on the bill.

Vaugeois said the atmosphere at the Ontario Legislature has been "feisty."

"There's a lot of arguing going back and forth. It's pretty distressing ... to see the government side of the house stand up and cheer when they are imposing taking away rights from workers."

Condemnation over the province's proposal is not limited to the union and opposition at Queen's Park.

"Using the notwithstanding clause to suspend workers' rights is wrong," said Prime Minister Justin Trudeau, adding that collective bargaining negotiations need to happen respectfully despite any difficulties that arise.

"The suspension of people's 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 people's rights and freedoms."

Will Ottawa challenge clause use?

Federal Justice Minister David Lametti said he is looking at how Ottawa could challenge the province's use of the notwithstanding clause, noting that going to it pre-emptively is "exceedingly problematic" as it cuts off political debate and judicial scrutiny.

Ontario Education Minister Stephen Lecce, speaking with CBC's Metro Morning on Tuesday, noted there was a "massive difference" between the union's and the province's stances during negotiations. 

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

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

Throughout negotiations, he's said the government's top priority is keeping students in the classroom, which is the best place for them, after learning disruptions caused by the COVID-19 pandemic. 

Call to return to negotiating table

Vaugeois said the government's goal is to get the bill passed before Friday, which is when a planned protest by Ontario education workers is expected to take place. She's calling on the government to get back to the bargaining table. 

"[The province] could go back to the bargaining table at any time," she said. "That would be the normal operation. Even when a union is in a strike position, it doesn't mean that a strike will take place.

"No worker actually wants to go out on strike," she said. "What they want is the the ability to bargain in good faith and know that the other side is also bargaining in good faith." 

The last offer by the government included raises of 2.5 per cent for any education worker making less than $43,000 per year, and 1.5 per cent for those making more, CUPE stated in a media release Monday.

CUPE is seeking annual salary increases of 11.7 per cent.

In a statement, CUPE Ontario president Fred Hahn said the government offer wasn't enough.

"A half per cent wage increase to an already-insulting offer isn't generous," Hahn said. "An additional 200 bucks in the pockets of workers earning 39K isn't generous. It wouldn't even be generous to accept our proposal — it would be necessary, reasonable and affordable. It's simply what's needed in our schools."

Several boards, including the Toronto District School Board (TDSB), have said they will have to close schools Friday in response.

In a statement provided to CBC News, Sherri-Lynne Pharand, director of education with Lakehead Public Schools, said the board remains hopeful that an agreement between the union and government will be reached.

However, no details about what Friday's protest would mean for public schools in Thunder Bay were provided.

"We are continuing to assess the impact that a full withdrawal of services would have on our schools in order to be prepared for all potential outcomes," the statement reads. "Updates will be provided through the board website and social media channels."