The president of the Ontario Labor Relations Board has ruled that as education minister, Stephen Leche is exempt from testifying due to parliamentary privilege. Board President Bryan O’Byrne said Andrew Davis, the assistant secretary of state, could be called to testify. But after hours of delays, a lawyer for the Canadian Union of Public Employees (CUPE) said it would not ask Davis to provide evidence. Instead, lawyers for both the government and the union will present arguments for a second day following an application to the provincial government board on Friday that sought to declare a recent strike illegal. Thousands of education workers, including teaching assistants, custodians and librarians, walked off the job Friday and rallied in several protests across the province, including at the legislature in Toronto. It was the start of an indefinite strike in protest at the government passing legislation banning strikes and imposing a four-year contract. The province claims the Canadian Union of Public Employees is engaged in an illegal strike, while the union representing 55,000 education workers argues its work is a “legitimate political protest.” Members of other unions, including the Ontario Public Service Employees Union and Unifor, also joined the protesters. Lecce said the government had no choice but to move forward with its legislation to prevent a strike and keep students in classrooms after the COVID-19 pandemic disrupted learning in recent years. The bill includes the derogation clause, which allows the legislature to override parts of the Canadian Charter of Rights and Freedoms for a five-year term. CUPE sought to have both Lecce and Davis testify at the hearing, which was conducted via Zoom and streamed live on YouTube. Prime Minister Justin Trudeau condemned the government’s use of the clause. His government has said it is considering options to challenge the bill at the federal level. The job action has closed several schools and the union said the strike could continue indefinitely. The government’s new law has set fines for breaking the ban on strikes of up to $4,000 per worker per day – which could rise to $220 million for all 55,000 workers – and up to $500,000 per day for the union. CUPE said it would fight the fines, but pay them if necessary.
