The Education Worker Strike: A Primer on Constitutionally-Protected Labour Laws

Ontario Education Worker StrikeAn Unprecedented Legislative Move

This week, Bill 28 was repealed and the collective bargaining model in Ontario stands. Why was it such a big legal deal?  

The recent strike by education workers in Ontario made headlines for reasons beyond the usual disruption to parents’ and kids’ everyday lives. On October 30, 2022, the Canadian Union of Public Employees (CUPE) in Ontario gave notice to the province that the education workers it represents would strike in 5 days. 

On November 3, the province responded by introducing Bill 28, which enacted the Keeping Students in Class Act, 2022, unilaterally imposing a new collective agreement, outlawing the impending strike, and invoking the “notwithstanding clause” in the Charter of Rights and Freedoms to do so. This type of legislation is unprecedented. 

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Lessons in Managing an Aging Workforce: Terminations

age and gender discriminationIt has been only a few weeks since Lisa LaFlamme, CTV National News’ former chief anchor and senior editor,  shared on Twitter that Bell Media terminated her contract after over 30 years with the company. Her termination has since made international news due to allegations of age and gender discrimination. The company’s Vice President has announced a leave of absence and other employees have publicly raised concerns about a toxic work environment. 

Age discrimination is likely to become a more common allegation against employers given the general demographics of our workforce. The proportion of working-age people in Canada who are between the ages of 55 and 64 is at an all-time high of 21.8%.  

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Free webinar: Barriers & Biases – Supporting Women Leaders

In this webinar, SpringLaw’s Lisa Stam and Danielle Murray will discuss how you can support women leaders in the workplace, common challenges women leaders face, and how employers can ensure equitable exits if needed.

Date: Wednesday, May 18, 2022
Time: 10:30-11:00 am EST
Register today: Click here!

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The Deaths of George Floyd & Regis Korchinski-Paquet

outraged protesters demonstrate against the loss of George Floyd's lifeOutraged protesters took to the streets across the US to demonstrate against the unnecessary loss of life and the complete lack of empathy shown by police officers for a Black man pleading to hold on to his life. George Floyd’s death could have been prevented if there were stricter policies limiting police use of force in Minneapolis. In Minneapolis police are allowed to use chokeholds and that’s how George Floyd was killed. A  30-year study examining police use of force shows that a ban on chokeholds and strangleholds results in 22% fewer police killings. 

On this side of the border, in Toronto, protesters marched in solidarity and also for the loss of life of a young Black woman, Regis Korchinski-Paquet, who was suffering from mental illness and died on May 27 after police came to her home in response to a call for assistance from her family.

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Pay Transparency Delayed

Throughout the year we have been blogging on the progress of Bill 203, Ontario’s Pay Transparency Act, 2018 (the Act).  Check out our posts discussing the Act here and here. As of our last post in May 2018, this Act was set to come into force on January 1, 2019. Well, in the spirit of keeping things interesting, the Ford government has decided that that is not to be.

Bill 57

Bill 57, a Ford government initiative titled the Restoring Trust, Transparency and Accountability Act, 2018 received Royal Assent in the legislature of Ontario on December 6, 2018. One aspect of this omnibus bill was delaying the commencement of the Act from January 1, 2019, to “a day to be named by proclamation of the Lieutenant Governor.” So basically for an unknown amount of time and possibly indefinitely.

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Equal Pay for Midwives

The Ontario Human Rights Tribunal (HRTO) released an interim decision on September 24, 2018 in the application of the Association of Ontario Midwives (AOM) and the Ontario Ministry of Health and Long-Term Care (MOH). The AOM brought an application to the HRTO alleging discrimination on the basis of gender in their compensation by the MOH.

Midwifery became publicly funded and regulated in Ontario in 1994. Almost all midwives in Ontario are women, they provide services to women and their realm is women’s health. The AOM describes these characteristics as a “gender trifecta” that makes the profession vulnerable. Midwives, as a group, are entitled to equal treatment, without discrimination on the basis of gender regarding how they are compensated by the MOH.

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