CUASA Files Court Challenge Against Government of Ontario

February 7, 2020

CUASA Files Court Challenge Against Government of Ontario

CUASA wishes to inform its members that it has filed a notice of application with the Ontario Superior Court of Justice to challenge the provincial government’s Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act.

This follows the January 17 notice to the membership of the Association’s intent to file such a challenge.

CUASA alleges that the act violates ss. 2(b), 2(d), and 7 of the Canadian Charter of Rights and Freedoms by interfering with its members’ rights to free and fair collective bargaining. CUASA members are not government employees, nor do we bargain with the provincial government. CUASA further contends the act also violates s. 96 of the Constitution Act, 1867 by unlawfully giving the Minister the power to issue orders repealing collective agreements or interest arbitration awards, powers that should be reserved solely for the Courts, not the provincial government.

As previously promised, we will provide a more comprehensive update at the Winter General Membership Meeting on Thursday, February 27. The meeting will be held from 1:00-3:00pm in 608 Robertson Hall (the Senate Room).