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Bill 115 breached the Charter of Rights and Freedoms

April 20, 2016

The Superior Court of Justice has determined that Bill 115 breached s. 2(d)’s guarantee of freedom of association.

In 2012, the Government of Ontario passed Bill 115 – the so-called Putting Students First Act. Bill 115 stripped away key benefits that were the product of collective bargaining over many years, narrowed the scope of collective bargaining to the point of rendering it meaningless, and ultimately imposed “collective agreements” on education sector bargaining agents and school boards.

The Elementary Teachers Federation of Ontario and other education sector bargaining agents challenged Bill 115 under the Canadian Charter of Rights and Freedoms, arguing that it substantially interfered with collective bargaining, contrary to s. 2(d)’s guarantee of freedom of association.

On April 20, 2016, the Superior Court of Justice agreed. You can read our summary here.

On April 21, ETFO’s President, Sam Hammond, and Howard Goldblatt talked to Matt Golloway on CBC’s Metro Morning about the case.

Lawyers

Howard Goldblatt, Steven Barrett, Char Wiseman

Practice Areas

Constitutional Law, Labour Law