A contract deal reached Thursday could move both sides back from the brink of an escalation that would see the union take part in what would be an illegal strike, facing millions of dollars in fines while torpedoing what the government said was is her ultimate goal: children in the classroom after two years of pandemic disruption. Emerging from a meeting at Queen’s Park with Education Minister Stephen Lecce and Labor Minister Monte McNaughton and senior civil servants, Ontario Premier Doug Ford quickly responded to a reporter who asked if a deal was in place: “We’re working on it.” What’s the latest in CUPE and Doug Ford’s school battle in Ontario? Bill 28 and labor rights explained Some of the province’s largest school boards, including the Toronto District School Board, have said they will dismiss students Friday whether there is a strike or not, and will remain closed for the duration of any work stoppage — leaving hundreds of thousands of parents to they are fighting for child custody. A memo sent Thursday by the Department of Education to school board leaders, a copy of which was obtained by The Globe and Mail, said educators should implement “contingency plans where every effort is made to keep schools open for as many children as possible.” The ministry has told school boards that if there are health and safety concerns, they must make a “rapid transition” to distance education. Many school boards closing Friday said they would provide students with asynchronous, non-teacher-led learning. The memo also noted that schools should remain open to staff, “who are expected to attend to their workplace as usual, and in particular to support modern online learning”. Negotiators from the government, school boards and the union were still in a downtown Toronto hotel Thursday morning where contract talks were taking place. Late Wednesday, the province rejected a union proposal that included a reduced wage increase of about 6 percent, below its previous demand of 11.7 percent. The union, an affiliate of the Canadian Union of Public Employees (CUPE), which acts for education aides and custodians, among other workers, has vowed to move forward with plans to strike Friday “until further notice” if no deal is reached. It says its workers are the lowest paid in the industry, earning an average of $39,000 a year. The government is rushing the bill, Bill 28, through the Legislature to block employment action and force a new contract with much lower wage increases of 1.5 to 2.5 percent. The bill would invoke the Constitution’s clause to protect legislation from any challenge under the Charter of Rights and Freedoms, eliminating the union’s Charter rights to collective bargaining and strikes. The use of the clause has been condemned by labor law and constitutional experts. Progressive Conservative lawmakers voted Thursday in favor of what are known as time-sharing motions to limit further debate on the bill, which was introduced Monday. It took just two more hours before the final vote, meaning it could be Thursday before any strike action takes place on Friday. The bill would impose daily fines of $4,000 on any worker who walks out, with a fine of $500,000 on the union. Other unions in the province have voiced their support for education workers and spoken out against the use of the extension clause. Education workers at the Ontario Public Service Employees Union, which represents 8,000 such workers, said they will walk off the job Friday in solidarity with the strikers. In Question Period, opposition MPs urged the government to withdraw the bill. Interim NDP Leader Peter Tabuns, who was kicked out of the legislature Wednesday along with 15 of his MPs for disobeying the president’s orders in an organized protest of the bill, argued that a forced contract would only encourage workers to quit the profession and cause a disturbance in the schools. “This government will kick them out the door for good. This will mean less support for children with disabilities, less support for younger students and less safe schools,” Mr Tabuns said. Premier Doug Ford said the bill is meant to keep students in class after two years of pandemic disruption. He said the province had “no choice” after the union issued a notice five days before a legal strike on Sunday. “Schools must remain open. We use every tool at our disposal to make sure kids are in class,” Mr Ford said. Earlier Thursday, the Canadian Civil Liberties Association called on Ontario to repeal Bill 28, saying no government should use the Constitution clause to take away workers’ right to strike or take away other fundamental rights. “Bill 28 is a disaster for rights and freedoms,” CCLA executive director and general counsel Noa Mendelsohn Aviv told reporters at Queen’s Park on Thursday morning. Ms Mendelsohn Aviv said all provincial governments and the federal government should commit to never using the clause, which allows the government to pass legislation that violates parts of the Charter of Rights and Freedoms. He said Canada should amend its Constitution and remove the clause – which is increasingly being invoked by provinces, including Ontario. He called it a “nuclear weapon” that the drafters of the Charter, which entered into force in 1982, intended to be used only in exceptional circumstances. Other Charter rights, including freedom of expression, freedom of religion and the right to a fair trial, are all at risk, Ms Mendelsohn Aviv said.
