OPSEU v. Ontario
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
R.M. KENNEDY
J.P. HORNICK
THE CROWN IN RIGHT OF ONTARIO as represented by THE ATTORNEY GENERAL OF ONTARIO
COLLEGE EMPLOYER COUNCIL

Background:

  • The Colleges of Applied Arts and Technology Labour Dispute Resolution Act, 2017 ended a 5-week strike by academic staff at 24 Ontario colleges.
  • OPSEU claimed the Act violated their members’ rights under section 2(d) of the Canadian Charter of Rights and Freedoms (freedom of association).

Key Points:

  1. Strike Details:
    • Started October 16, 2017, affecting 19,000 employees and about 336,400 students.
  2. Legislation:
    • Required the strike to end and referred disputes to binding arbitration.
    • OPSEU sought to invalidate the Act and sought damages under the Charter.
  3. Arguments:
    • Applicants: The Act unjustifiably infringed on meaningful collective bargaining.
    • Respondent: Any infringement was justified under section 1 of the Charter, citing the need to protect students’ education.
  4. Court Analysis:
    • The court evaluated if the Act substantially interfered with collective bargaining.
    • It found the Act did interfere but justified this due to the pressing need to resume education and minimize harm to students.
  5. Decision:
    • The Act did not infringe section 2(d) of the Charter.
    • Even if it did, the infringement was justified under section 1 due to the significant impact on students.
  6. Costs:
    • OPSEU to pay Ontario $100,000 in costs, no costs awarded to or from the Intervenor.

Conclusion:

  • The court upheld the Act, finding no Charter infringement or justified infringement, emphasizing the need to protect students’ educational interests.

 

Superior Court of Justice - Ontario
CV-18-00590573-0000
Labour law
$ 100,000
Respondent