Bill 307 declared unconstitutional -- of course, Ford is appealing

“They put in repressive legislation. We challenge the repressive legislation. We win. They get angry. They appeal. Wash, rinse, repeat. This is what we are in right now.” -- Karen Littlewood, OSSTF

“They put in repressive legislation. We challenge the repressive legislation. We win. They get angry. They appeal. Wash, rinse, repeat. This is what we are in right now.”

“This is a win for labour. The government is wasting tax payer dollars by continuing to have appeals put in when they lose; when things don’t go their way; when they are proven to be wrong,” Karen Littlewood told Small Change.

The President of the Ontario Secondary School Teachers’ Federation (OSSTF), was speaking about the recent ruling by the Court of Appeal for Ontario that struck down Bill 307, the Protecting Elections and Defending Democracy Act.

Littlewood went on to say, “They [the Ford government] need to allow all Ontarians to have a voice. They need to not be impinging on the rights of unions to be able to speak for their members, or to share information.”

Bill 307 allowed the Ford government to invoke the notwithstanding clause to override Ontarians’ Charter rights; silence critics; and limit the voices of workers, labour unions, and all Ontarians during the election process.

The ruling by the Court of Appeal for Ontario found Bill 307 ‘unjustifiably infringes’ on the rights of Ontarians to meaningfully participate in the province’s political processes.

The court struck down Bill 307 as unconstitutional. However, it gave the province 12 months to prepare new legislation compliant with section 3 of the Canadian Charter of Rights and Freedoms.

This decision not only upheld democracy, it restored the rights of all workers and citizens across Ontario. Unfortunately, the Ford government has announced its intention to appeal.

Bill 307 was actually a reiteration of Bill 254 which the Ontario Superior Court ruled was an unconstitutional violation of freedom of expression.

Ford recalled the legislature for the sole purpose of reintroducing the legislation as Bill 307 – effectively the same bill with a different name -- and invoking the notwithstanding clause to override the bill’s unconstitutional and anti-democratic provisions.

The Elementary Teacher’s Federation of Ontario (ETFO), Ontario

English Catholic Teachers’ Association (OECTA), and OSSTF

joined with other concerned parties to once again challenge the

legislation which was initially upheld before being overturned by

the Ontario Court of Appeal.

The court found the government-imposed restrictions, “undermine the right of citizens to meaningfully participate in the political process and to be effectively represented.”

The court of appeal also found that the lower court, “erred in allowing the government to override Section 3 of the Canadian Charter of Rights and Freedoms which guarantees free and fair elections in Canada to ensure that voters are fully informed of all issues.”

“It’s the same playbook. They’re [the Ford government] afraid of groups working together,” maintains Littlewood.

“They put in repressive legislation. We challenge the repressive legislation. We win. They get angry. They appeal. Wash, rinse, repeat. This is what we are in right now.”

This win for labour can be added to an ever-expanding list of wins. Included are challenges to Bill 124, limiting public sector pay increases to one per cent, and Bill 254, that imposed spending restrictions on political advertising by anyone except political parties. This bill also established an unprecedented 12-month, pre-election period restricting third-party advertising. This was a thinly veiled attempt to silence critics.

Littlewood wants Ontarians to remember that Bill 307 infringed on the right to be informed before casting a ballot in a democratic election.

“You have to get information from more than just the government. There are many places where you can get information and a voter needs to be fully informed before they cast their ballot,” shared Littlewood.

These bills are a direct attempt by the Ford government to undermine the entire democratic process. The shear volume of bills, and appeals, makes it incredibly difficult to keep track of what has happened as well as why the bills are unconstitutional.

“People should be outraged. But the problem is when it starts being this pattern of repeat behaviours, people can’t keep up,” according to Littlewood.

“These are deliberate actions they are taking to subvert citizens’ rights.”

Littlewood said that the unions will continue working together challenging and doing what’s best for the province and, in some cases, the country.

Bill 124 brought together over 70 groups to challenge the bill.

Even though the court found the Bill 124 violated workers’ charter rights, Ford launched an appeal.

Without a doubt Ford’s attacks focus on women dominated work forces – midwives, nurses, PSWs, educational assistants, early childhood educators and teachers.

“We’ll continue to work with unions to reach out. We are very strong when we work together, but I think some of the legislation that’s being imposed is to keep us apart and to divide us,’ observed Littlewood.

She said the ongoing court challenges are exhausting but members see the pattern now and they feel empowered and vindicated when these decisions come down.

A joint statement issued by EFTO, OECTA, and OSSTF stated, “While the ruling is a major victory for education unions and our members, it is also a win for all Ontarians. This victory recognizes and reaffirms the importance of having different voices engaged in our political discourse and the value of having an informed citizenry; it provides another clear example that the Ford government cannot shamelessly trample on our rights without consequence.”

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