Prime Minister Justin Trudeau told Ontario Premier Doug Ford on Wednesday that the preemptive use of the illegal clause in legislation intended to prevent education workers from striking is “wrong and inappropriate.” “The Prime Minister emphasized the critical importance of defending the rights and freedoms of Canadians, including the rights of workers,” Trudeau told Ford, according to a readout of the call provided by the Office of the Prime Minister. “He was clear that the preemptive use of the Canadian Charter of Rights and Freedoms clause notwithstanding derogation is wrong and inappropriate and should only be used in the most exceptional circumstances.” Ford’s office, meanwhile, said the prime minister told the prime minister that allowing teachers to strike would have an “unacceptable” effect on students after two years of disruption due to the pandemic. “He also reiterated that Ontario is determined, if necessary, to pass legislation to keep classrooms open and ensure certainty and stability for parents and students now and in the future,” the reading provided by the province said. The union representing the 55,000 affected education workers in Ontario said it still plans to go on strike starting Friday and will continue indefinitely, despite impending legislation expected to be passed Thursday that would make it illegal. The legislation says the government intends to invoke the notwithstanding clause — which allows the legislature to override parts of the Canadian Charter of Rights and Freedoms for a five-year term — to keep the potential law in place despite potential constitutional challenges. The Liberals criticized the Ford government this week, with Trudeau previously describing the legislation as a complete “mistake”. Earlier Wednesday, Trudeau said his government was considering its options to respond to Ford’s use of the extension clause. He made the brief comment in French outside the House of Commons, moments after NDP Leader Jagmeet Singh called for more action from the federal government. “We are seeing right now a clear attack on workers, vulnerable workers and workers’ rights. There has to be a response,” Singh told reporters on Wednesday afternoon. “We are open to whatever solution is put on the table and evaluate whether or not it will work and whether it will help workers’ rights.” Federal Justice Minister David Lametty didn’t bite a question earlier Wednesday about what options might be on the table. “I’m not going to discuss options here,” he said ahead of a meeting of the Liberal caucus, although there are “a number of different things one can do”. Lametti said the pre-emptive use of the clause is “very serious” and “undemocratic”. “It humanizes Canadian democracy,” he said. “It means the Map doesn’t exist.” An NDP MP, Matthew Green, called on the House to hold an emergency debate on the issue Wednesday afternoon. He called the Ford government “authoritarian” and accused the premier of being a “liar” for misleading Ontarians about the implications of choosing to use the extension clause. “This particular case could set a precedent for provincial governments across the country who may seek to use this to further undermine workers’ collective bargaining rights,” Green told reporters earlier in the day. The deputy speaker of the House rejected the request, saying that the conditions for an extraordinary debate were not met. Green also called on the House to unanimously condemn Ford’s legislation Wednesday afternoon, but some conservative lawmakers voted against his motion. Trudeau and others called on the federal Conservatives to respond, but MPs on their way to a Conservative caucus meeting Wednesday morning declined to comment. The Canadian Union of Public Employees, which represents the workers, presented a counteroffer late Tuesday night in response to the mandatory contractual terms in the legislation, but has yet to provide details on the proposal. Ontario’s education minister suggested there won’t be much movement at the bargaining table this week and insisted any new offer from the union must include calling off the strike. This report by The Canadian Press was first published on November 2, 2022.
