Amalgamated Transit Union, Local 113 v. Ontario

Background

• TTC Act (2011): Prohibited TTC workers from striking, requiring unresolved issues to go to binding arbitration.
• Supreme Court Decision (2015): Recognized the right to strike as part of the right to freedom of association under s. 2(d) of the Canadian Charter of Rights and Freedoms.

Superior Court Decision

• May 2023: The TTC Act was found unconstitutional as it violated s. 2(d) and was not justifiable under s. 1, leading to its immediate nullification.

Issues on Appeal

1. Violation of s. 2(d): Did the TTC Act violate the right to freedom of association by eliminating the right to strike?
2. Justification under s. 1: Could this violation be justified under s. 1 of the Charter?

Court of Appeal Decision

• Violation Confirmed: The court upheld the lower court's finding that the TTC Act violated s. 2(d).
• Minimal Impairment Test: The court agreed that the Act did not meet the minimal impairment requirement of the Oakes test.
• Legislative Objective: Although aimed at preventing serious public disruptions, the Act was too broad.

Key Points

• Right to Strike: Essential for meaningful collective bargaining.
• Legislative Alternatives: Other cities managed transit without a complete ban on strikes, suggesting less rights-infringing options were available.
• Outcome: Appeal dismissed, the TTC Act remained struck down as unconstitutional.

There is no specific mention of damages or a total monetary award in the document.