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Labour (Ont) - Colleges. Ontario Public Service Employees Union v. Ontario (Attorney General) [OPSEU]
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".
Here the court considers the Colleges Collective Bargaining Act, 2008:[8] In the college sector, OPSEU bargains with the College Employer Council (“Council”), which has exclusive statutory responsibility to negotiate collectively on behalf of the colleges as the employer under the Colleges Collective Bargaining Act, 2008, S.O. 2008, c. 15 (“CCBA”). The CCBA also incorporates by reference sections of the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A and gives certain responsibilities to the Ontario Labour Relations Board. The Council was an intervener in this appeal.
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