Doug Ford's Conservative government introduced Bill 124 back in 2019 to put a wage cap on public sector union agreements. But the Ontario Superior Court of Justice kicked that law out the door on Tuesday. The decision was revealed in an 81-page ruling.
Nickel Belt MPP France Gélinas, who as the Official Opposition health care critic actively campaigned against Bill 124, said Tuesday she was pleased with the court.
"Well today is a huge victory day. For all the tired and burned-out health care workers, educational workers, social services workers and many other people covered by Bill 124, I say congratulations! You spoke up and you won!" said Gélinas.
The challenge against the bill was that it violated the Charter of Rights because it violated the constitutional right of collective bargaining.
One of the key points of Bill 124 was that it put a one per cent wage cap per year, over a three-year period, for public sector workers such as nurses, hospital employees, teachers and others.
The bill was challenged by several labour organizations in 10 separate actions, all arguing that the new law was essentially unconstitutional. Nipissing University Faculty Association was one of the organizations that challenged the law.
Ontario Superior Court Justice Markus Koehnen responded to the action by the Ontario English Catholic Teachers Association, ruling that "In the context of this case, the Act (Bill 124) is not a reasonable limit on a right that can be demonstrably justified in a free and democratic society under s.1 of the Charter."
OPSEU, Ontario's Public Service Employees Union said it was a huge victory and the union intends to pursue all avenues to re-open negotiations that were affected by the bill.
"This is a win for all workers," said Laurie Nancekivell, First Vice-President/Treasurer of OPSEU/SEFPO.
"Our message to this government is to respect the court's decision, skip the appeal and move forward to fix the underfunding and understaffing crisis in public services."
The Elementary Teachers’ Federation of Ontario (ETFO), one of the other applicants in the court action, called Bill 124 a "flagrant abuse of power.”
EFTO said the decision to shut down the bill was a major win for the union movement in Ontario.
"ETFO continues to engage in the central bargaining process with the government, the Ontario Public School Boards’ Association, and the Council of Trustees’ Associations. The Federation continues to demand that fair collective agreements must be reached at the bargaining table and not through legislation," said a news release from EFTO.
The court decision was also welcomed by the Ontario Nurses Association, the union that represents more than 68,000 nurses in Ontario.
"ONA and its members are celebrating this hard-fought win. This is a vindication of the rights of nurses, and public-sector workers across the province," said Bernie Robinson, RN, ONA Interim Provincial President.
"ONA's position from the start was that this bill interfered with the Charter rights of nurses and health-care professionals to freely negotiate a collective agreement. We are ecstatic that the courts agree."
Robinson said ONA will be reviewing the decision in the next few days and is demanding the Ford government to accept the court's decision.
"Front-line nurses, health-care professionals and all public sector workers deserve the respect and rights that all Canadians enjoy," says Robinson.
"We look forward to being able to return to the bargaining table and negotiating a respectful and fair collective agreement."
The Registered Nurses' Association of Ontario (RNAO) said it was a great day for the nurses in Ontario and said Bill 124 was "a thorn in the side.”
RNAO's President Dr. Claudette Holloway thanked the court for its decision. She also congratulates the applicants in the case, including the Ontario Nurses' Association (ONA).
"This legislation has been a thorn in the side of the nursing profession since 2019 when it was brought in. It capped annual salary increases at one per cent and led to an exodus of nurses from the profession. Bill 124 conveyed to nurses that their expertise was not valued nor respected."
