Putting children first

The Ontario Legislature is currently debating Bill 28, Keeping Students in Class Act, 2022. The purpose of the bill is to prevent education workers from going on strike and imposing a settlement on them. The worst parts of this bill are 1) preemptively invoking the notwithstanding clause of the Canadian constitution and 2) circumventing the Ontario Human Rights Code. This is no way to run a government. It's not how the notwithstanding clause was meant to be used and human rights aren't limited to when it's convenient.

If you want to learn more about the labour conflict, there's lots of material. If the government wants to put children first, the solution is easy: pay fair wages, so schools can hire and retain qualified people. Of course the government should be responsible holders of the public purse. So that means staying at the bargaining table and making reasonable offers. Not by fast-tracking legislation that a priori takes away rights.

Why shouldn't we use the notwithstanding clause?

Section 33 of the Canadian constitution allows governments to exempt laws from the Bill of Rights. Since Sections 2 and 7-15 of the charter protects individual rights, it was felt that some kind of mechanism was needed to supersede individual rights in an exceptional circumstance after careful consideration. The Province of Québec has been a heavy user to shield their language laws. The constitution probably would not have ratified without it

33 (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

Unfortunately, the clause is being used like a cheat code when the game of governing gets to be too hard. This is the third time that the Ford government has attempted to use it.

What can I do?

Rather than ranting on social media, here are a few actions you can take. Actions at the top of the list tend to be more effective and less effort.  Do one or more than one. It's up to you.

Option 1: Contact Premier Ford, Minister Lecce and your MPP

Call Premier Ford: 416-325-1941
Call Minister Lecce: 416-325-2600

You can email too, but call is better. Premier Ford pays attention to the feedback that comes in each day and his phone is answered 24/7.

When you call, make your points and be polite. The people on the phone are just doing their jobs.

Here's what I said.

💡
I'm concerned about Bill 28, Keeping Students in Class Act. It uses the notwithstanding clause of the Canadian constitution and sets aside the Ontario Human Rights Code. This is not a good law. The government should get back to the bargaining table and give education workers a fair deal. Their wages should keep up with inflation and schools should be able to hire qualified people to do the work.

You can also contact your MPP by phone or email. You can find your MPP by using your address. If your MPP is not a Conservative, it's less effective, but still worth doing.

I emailed using basically the same words as I did over the phone.

Option 2: Write to Prime Minister Trudeau and your MP

The federal government can disallow a law passed by a provincial government. It hasn't been used for many years, but in the past it was used a lot. Bill 28, if it's passed, would set a bad precedent and it's worthwhile putting up a fight.

Write to Prime Minister Trudeau to ask him to disallow Bill 28.

Trudeau can stop this abuse with the constitutional federal power of disallowance to countermand the NWC. Write to your LPC and NDP MPs and demand Trudeau to act and protect our charter rights.

Option 3: Donate your "Catch Up Payment"

The Ministry of Education has a one-time program to give parents $200 per child ($250 for a special needs child)  to help them "catch up" on learning gaps that came about as a result of the  COVID pandemic. The program cost $365 million. As an individual parent, I can't move the needle on three years of pandemic schooling with $200. But imagine what a teacher could do with $5400 or what an entire school could do with $140,000.

Apply for the payment and donate it.

I suggest CUPE, as they will be facing fines and legal fees. Email for Interac is info@osbcu.ca. You could also donate it to an opposition party. Or your favourite teacher.

Option 4: Join a picket line

Join a picket line to support them.

I did.

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