OPSEU v. Ontario

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.