|
Labour (Ont) - Colleges of Applied Arts and Technology Labour Dispute Resolution Act, 2017 (CAATLDRA). Ontario Public Service Employees Union v. Ontario (Attorney General)
In Ontario Public Service Employees Union v. Ontario (Attorney General) (Ont CA, 2026) the Ontario Court of Appeal dismissed an appeal, this brought against a dismissal of a labour union's application for "a declaration that Bill 178 [SS: 'Colleges of Applied Arts and Technology Labour Dispute Resolution Act, 2017'] limited the rights of OPSEU members to freely associate in striking under s. 2(d) [SS: 'freedom of association'] of the Canadian Charter of Rights and Freedoms in a manner that could not be justified under s. 1 of the Charter, and a declaration under s. 52 of the Constitution Act, 1982 that Bill 178 is of no force and effect".
The court considers the events leading to the Colleges of Applied Arts and Technology Labour Dispute Resolution Act, 2017:[12] Bill 178 received Royal Assent on November 19, 2017. The legislation, which came into force after five weeks of strike action, terminated the strike and required all outstanding bargaining disputes to be resolved by binding interest arbitration. On December 20, 2017, the arbitrator issued an award prescribing the terms for the new collective agreement for the period October 1, 2017 to September 30, 2021.
|