As the inquiry into the Federal governments use of the Emergencies continues in Ottawa the Ontario government has used the Notwithstanding Clause in its efforts to keep schools open.

The Education Workers are not classified as essential and as such have a right to collectively bargain and bring forth a work action against its employer. This right is guaranteed under the Charter and has been previously ruled on by the Supreme Court in the attached 2015 decision.

Even the Prime Minister has spoken out against Premier Ford’s disregard for Charter rights in this instance. Hypocritical to say the least considering the Federal governments vaccine mandates, travel restrictions, and absolute disregard for individual rights during the covid pandemic.

This strike is no doubt inconvenient and untimely now that schools are finally open. It is however a right guaranteed to almost all employees.

The Provincial governments actions are unconstitutional. Using the notwithstanding clause is an admission of this fact. For a period of five years the legislation is exempt from judicial review. Thus rendering the strike unlawful and illegal. Using further coercive measure the Ford government is threatening hefty fines against education workers.

It is concerning that all levels of government are becoming increasingly disinterested in ensuring that individual rights are maintained.