Victory for Collective Bargaining - Bill 124 Unconstitutional
Nov 29, 2022
The Ontario Superior Court struck down wage-restraint legislation that capped wages for 780,000 workers across Ontario well below the rate of inflation for three years. We are proud to have represented OSSTF in their fight for fairness for working people across Ontario. Our team of Susan Ursel, Karen Ensslen and Emily Home and our client, OSSTF, worked alongside a coalition of trade unions and their counsel to secure this victory.
In a set of strong reasons, Justice Koehen affirmed the fundamental right of workers to set their own priorities, to bargain collectively and to strike. He found that the government had failed to demonstrate that economic conditions in 2019 were of a sufficiently critical nature to warrant infringing on the constitutional right to collective bargaining, that the means used in the legislation were irrational, that there was no evidence that the government's interest could not have been protected through free collective bargaining, and that the impact of the legislation far outweighed its benefits. We are proud to have contributed to this success that will have an important impact on the development of the law of freedom of association, and on the lives of front-line workers in this province.