Notwithstanding Clause

Provincial / Summary

Ontario Legislative Assembly – October 31, 2022 to November 3

New Bills First new Bill was Bill 28 – Keeping Students in School Act. This Bill would use The Notwithstanding Clause to override the Charter Right for unions to strike to force a new contract on CUPE and prevent them from striking or taking any legal action against the government. Michael Parsa proposed a Motion that, when Bill 28 next comes up it go directly to its second reading vote. The Motion would also see Bill 28 skip the committee phase, go to its third reading debate, then immediately go to its final vote. The Motion passed 78 in favour...

  • November 7, 2022
Bills / Provincial

Bill 28 – Keeping Students in Class Act

Oh boy here’s a fun one. Bill 28 is using the Notwithstanding Clause to override CUPE’s constitutional right to collective bargaining to legislate a new collective agreement for them. There’s also measures in here to ensure no legal action can be taken against the government for passing this, no compensation needs to be handed out to anyone affected by it, and that any strikes must immediately end when Bill 28 takes effect. Note that the last bit of this Bill is the new collective agreement, which is a bit outside the scope of what I’m aiming to cover so I’ll be skipping that part. (I’m sure we’re going to hear plenty about what’s in the new agreement shortly anyway)

  • November 7, 2022
General Politics

The Notwithstanding Clause

So with current events in Ontario and the frequency with which this clause is being invoked I feel it’s a good idea to devote a post entirely to the Notwithstanding Clause. This won’t be a very long post as it’s a fairly simple clause.

  • November 1, 2022

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