Superior Court Strikes Down Bill 124
November 29, 2022
Superior Court Strikes Down Bill 124
The written decision of the Ontario Superior Court of Justice was released today. The Protecting a Sustainable Public Sector for Future Generations Act, (also known as Bill 124), was struck down by his Honour, Justice Markus Koehnen.
Earlier this fall, CUASA argued that Bill 124 violated the Canadian Charter of Rights and Freedoms by infringing on sections 2(b) and 2(d), which guarantees freedom of expression and the freedom of association. CUASA also argued that the legislation should not apply to the Association because it interfered with the right to free and fair collective bargaining since CUASA members are not government employees, nor does the Association bargain with the provincial government.
Koehnen J determined that the bill is a “substantial interference,” contrary to section 2(d) of the Charter, and not justified under s. 1 of the Charter”. Accordingly, Koehnen J has declared the Act to be void and of no effect.
The Association is extremely pleased with the ruling and will be preparing for a complete analysis of the decision and next steps. Please watch for further updates.
CUASA would like to take this opportunity to sincerely thank its legal team, Samantha Lamb and Dina Mashayekhi of Jewitt McCluckie LLP, as well as CUASA’s Senior Grievance and Arbitration Officer, Christal Côté. Their exceptional work on this case to defend CUASA and the academic sector’s rights is very much appreciated.
