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Bill 195- Can it be challenged?

July 22, 2020

Bill 195 has received Royal Assent. Is a Charter challenge possible?

On July 7, 2020 the Ontario Solicitor General tabled Bill 195, the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. Bill 195 permits the government to continue to maintain and modify emergency orders made under the Emergency Management and Civil Protection Act (EMCPA) for at least a year after the end of the declared emergency, and possibly longer. At the same time, it removes important mechanisms for democratic accountability.

In particular, the Bill authorizes the Government to maintain orders that interfere with the collective bargaining rights of unionized workers. With very limited exceptions, it also permits the government to increase the severity of restrictions on collective bargaining rights.

Bill 195 received Royal Assent and became law on July 21, 2020.  That day, Steven spoke about some of the problems with the Bill and why it should be challenged.

Daniel Sheppard and Steven Barrett reviewed Bill 195 before it became law, and considered whether it could be successfully challenged under the Canadian Charter of Rights and Freedoms. You can read their summary and analysis here.


Steven Barrett, Daniel Sheppard

Practice Areas

Constitutional Law, Labour Law