Ontario could issue hundreds of millions in fines if education workers strike Friday
Isaac Callan and Colin D'Mello - Yesterday
As education workers in Ontario barrel towards open conflict with the Ministry of Education on Friday, the province is threatening to fine workers who illegally go on strike.
Ontario Minister of Education Stephen Lecce speaks with media following the Speech from the Throne at Queen's Park in Toronto, on Tuesday, August 9, 2022
However, the Canadian Union of Public Employees (CUPE), which represents 55,000 custodians, clerical staff, librarians, and early childhood educators, said it would proceed with its planned strike action on Friday.
That strike could cost education workers thousands of dollars each under the proposed legislation that Lecce and the Doug Ford government are rushing through.
Bill 28, Keeping Students in Class Act, specifies fines for strike action by CUPE members.
The legislation lays out that any person who violates section six or seven of the proposed bill -- which prohibit strike action -- and is convicted will face a fine.
‘It is the minister who insists on using our children as pawns’: CUPE rep slams Lecce as negotiations break down
The law proposes that every day a person contravenes the law by striking "constitutes a separate
If all 55,000 workers represented by CUPE strike on Friday and receive the maximum fine of $4,000, it would cost a total of $220 million.
Asked how the legislation would work and if all workers would be fined, Lecce did not offer specifics.
"The legislation sets out those particulars really to deter any violation of the law," he told reporters.
CUPE said on Monday it would help members who are hit with Ministry of Labour fines as a result of the new legislation.
Ontario NDP education critic, Chandra Pasma, called the legislation a "bullying tactic."
"The minister is the one holding all the cards here," she said. "The minister can come to the table at any time over the next four days with a deal that prevents to disruptions to our kids and that's what I am begging him, please, to do."
On Sunday, after CUPE notified the Ministry of Education of its plans to strike, the government increased its offer.
The latest offer promises a 2.5 per cent increase to workers earning less than 43,000 per year and a 1.5 for workers earning more per year.
The union requested an 11 per cent increase in wages, citing the high cost of living and historically low pay. CUPE said its wage proposal is an increase of $3.25 per hour annually for the next three years.
"CUPE has now made the decision to strike, putting their own self interest ahead of Ontario’s nearly two million children, who deserve to stay in class learning," Lecce said in a statement.
PM criticizes Ontario's use of notwithstanding clause in education worker billIsaac Callan and Colin D'Mello - Yesterday
As education workers in Ontario barrel towards open conflict with the Ministry of Education on Friday, the province is threatening to fine workers who illegally go on strike.
Ontario Minister of Education Stephen Lecce speaks with media following the Speech from the Throne at Queen's Park in Toronto, on Tuesday, August 9, 2022
.© THE CANADIAN PRESS/Andrew Lahodynskyj
The fines could amount to more than $200 million per day. The fine will be up to $4,000 for an individual or $500,000 for CUPE itself.
On Sunday evening, Education Minister Stephen Lecce announced he would introduce legislation to block education workers from walking off the job after a five-day notice of a strike was given.
The province confirmed Monday it would use the notwithstanding clause to avoid any court challenge the proposed law might face.
The fines could amount to more than $200 million per day. The fine will be up to $4,000 for an individual or $500,000 for CUPE itself.
On Sunday evening, Education Minister Stephen Lecce announced he would introduce legislation to block education workers from walking off the job after a five-day notice of a strike was given.
The province confirmed Monday it would use the notwithstanding clause to avoid any court challenge the proposed law might face.
However, the Canadian Union of Public Employees (CUPE), which represents 55,000 custodians, clerical staff, librarians, and early childhood educators, said it would proceed with its planned strike action on Friday.
That strike could cost education workers thousands of dollars each under the proposed legislation that Lecce and the Doug Ford government are rushing through.
Bill 28, Keeping Students in Class Act, specifies fines for strike action by CUPE members.
The legislation lays out that any person who violates section six or seven of the proposed bill -- which prohibit strike action -- and is convicted will face a fine.
‘It is the minister who insists on using our children as pawns’: CUPE rep slams Lecce as negotiations break down
The law proposes that every day a person contravenes the law by striking "constitutes a separate
If all 55,000 workers represented by CUPE strike on Friday and receive the maximum fine of $4,000, it would cost a total of $220 million.
Asked how the legislation would work and if all workers would be fined, Lecce did not offer specifics.
"The legislation sets out those particulars really to deter any violation of the law," he told reporters.
CUPE said on Monday it would help members who are hit with Ministry of Labour fines as a result of the new legislation.
Ontario NDP education critic, Chandra Pasma, called the legislation a "bullying tactic."
"The minister is the one holding all the cards here," she said. "The minister can come to the table at any time over the next four days with a deal that prevents to disruptions to our kids and that's what I am begging him, please, to do."
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On Sunday, after CUPE notified the Ministry of Education of its plans to strike, the government increased its offer.
The latest offer promises a 2.5 per cent increase to workers earning less than 43,000 per year and a 1.5 for workers earning more per year.
The union requested an 11 per cent increase in wages, citing the high cost of living and historically low pay. CUPE said its wage proposal is an increase of $3.25 per hour annually for the next three years.
"CUPE has now made the decision to strike, putting their own self interest ahead of Ontario’s nearly two million children, who deserve to stay in class learning," Lecce said in a statement.
TORONTO — Prime Minister Justin Trudeau is criticizing the Ontario government's use of the notwithstanding clause in legislation to impose contracts on education workers and ban them from striking.
PM criticizes Ontario's use of notwithstanding clause in education worker bill© Provided by The Canadian Press
Trudeau made the comments a day after Ontario tabled a bill meant to avert a planned strike by 55,000 education workers. Using the notwithstanding clause to suspend workers’ rights is wrong, he said.
"I know that collective bargaining negotiations are sometimes difficult, but it has to happen," he said in Ottawa on Tuesday.
"It has to be done in a respectful, thoughtful way at the bargaining table. The suspension of people’s rights is something that you should only do in the most exceptional circumstances, and I really hope that all politicians call out the overuse of the notwithstanding clause to suspend people’s rights and freedoms."
The clause allows the legislature to override portions of the Canadian Charter of Rights and Freedoms for a five-year term.
Federal Labour Minister Seamus O'Regan called the pre-emptive use of the notwithstanding clause a "travesty" and Justice Minister David Lametti said he is looking at how Ottawa could challenge it.
"It de facto means that people's rights are being infringed and it's being justified using the notwithstanding clause," Lametti said. "Using it pre-emptively is exceedingly problematic. It cuts off both political debate and judicial scrutiny."
Ontario's legislature began sitting at 5 a.m. Tuesday for debate over the bill, as the government hopes it can be passed by the end of the week, ahead of a planned strike by the Canadian Union of Public Employees.
But there was also a hint of movement at the bargaining table Tuesday.
Related video: Ontario education workers vow to walk off job despite anti-strike legislation
Duration 4:53 View on Watch
CUPE said it was at the table and would be proposing a counter offer. The government said it would also meet if the mediator asks their side to return, and wants to hear if CUPE's new offer is "reasonable."
Premier Doug Ford said in question period that the government's offer is "very fair," and suggested he looks out for the front-line workers but not their union heads.
"We aren't going to feather the nest of the head of CUPE," he said. "We differentiate between labour and labour leadership. I think the labour needs to find new leadership."
More than 96 per cent of CUPE's education worker members voted in favour of a strike.
CUPE has said the approximately 55,000 education workers it represents – such as early childhood educators, custodians and librarians – will walk off the job Friday regardless of the legislation. It has not yet indicated whether the walkout would extend beyond Friday.
Several school boards, including the Toronto District School Board, have said they will have to close schools that day in response.
The government had been offering raises of two per cent a year for workers making less than $40,000 and 1.25 per cent for all others, but Education Minister Stephen Lecce said the new, imposed four-year deal would give 2.5 per cent annual raises to workers making less than $43,000 and 1.5 per cent raises for all others.
CUPE has said its workers, which make on average $39,000 a year, are generally the lowest paid in schools and it has been seeking annual salary increases of 11.7 per cent.
Several unions have made statements in solidarity with CUPE, most notably the Labourers' International Union of North America, which endorsed Ford's Progressive Conservatives in the June election.
LiUNA wrote to Lecce urging him to revoke the legislation.
"Restricting collective bargaining and the right for unions to strike and negotiate freely through the implementation of back-to-work legislation and enacting the notwithstanding clause sets a dangerous precedent that aims to erode respect for collective bargaining rights and unionized labour in Ontario," LiUNA's international vice-president and central and eastern Canada regional manager Joseph Mancinelli wrote.
- with files from Mia Rabson in Ottawa
This report by The Canadian Press was first published Nov. 1, 2022.
Allison Jones, The Canadian Press
Ford defends controversial use of notwithstanding clause to keep kids in school
Antonella Artuso -
Toronto Sun
Ontario Premier Doug Ford speaks inside the legislature in Toronto on Sept. 14, 2022.
Toronto Sun
Ontario Premier Doug Ford speaks inside the legislature in Toronto on Sept. 14, 2022.
© Provided by Toronto Sun
Premier Doug Ford defended his government’s use of the notwithstanding clause to enforce anti-strike legislation as the province braced for a possible protest that would likely close schools Friday.
The controversial bill has drawn criticism from opposition politicians, the labour movement and Prime Minister Justin Trudeau who called it “wrong.”
In the Ontario Legislature Tuesday, Ford accused the Liberal and the NDP opposition of standing up for the heads of unions, not the average workers, students and parents.
“That means there’d be two million students sitting at home, probably a million parents would be taking work off,” Ford said. “We will never ever waver from our position that students remain in the class, catching up with their learning, surrounded by friends with a full school experience including extracurricular activities.”
The Ontario Legislature is currently debating Bill 28, the Keeping Students in Class Act, which would invoke the notwithstanding clause in the Canadian Charter of Rights and Freedoms to impose a contract on CUPE Ontario education workers and ban them from going on strike this Friday.
CUPE Ontario, which represents 55,000 school workers including maintenance staff and educational assistants, has warned that it is planning to go ahead with a massive day of protest Friday despite the threat of substantial financial penalties.
Trudeau told reporters Tuesday that difficult negotiations should not be resolved at the expense of workers’ labour rights.
“It has to be done in a thoughtful, respectful way at the bargaining table,” Trudeau said. “I really hope all politicians call out the overuse of the notwithstanding clause to suspend people’s rights and freedoms.”
The decision to override collective bargaining has set off the broader labour movement.
LiUNA Local 3000 tweeted in solidarity with CUPE education workers and urged supporters to send an email to Ford, Lecce and their local MPP in support of workers’ rights to negotiate a contract.
LiUNA was one of several construction unions that endorsed the Ford government in the spring general election.
NDP MPP Marit Stiles said she expects solidarity from the labour movement on this issue.
“I think education workers across this province and other workers see their future laid out for them,” Stiles said. “We’re going to use every tactic we can come up with to try to delay this legislation but, more importantly, to push the government to do the right thing and throw it out altogether.”
Liberal Leader John Fraser said Ford’s use of the notwithstanding clause outside of jurisdictional disputes between governments is an abuse.
“To use it as a way to solve contract negotiations is not its intended use,” Fraser said. “And it should send a very clear signal to anybody who bargains in this province.”
Education Minister Stephen Lecce has said that Bill 28 applies only to negotiations with CUPE Ontario, not to teacher union bargaining.
However, he has said that agreeing to CUPE’s 11.7% annual salary demands would have implications for ongoing teacher contract talks and could cost the provincial treasury billions of dollars.
Liberal MPP Mitzie Hunter, a former Liberal education minister who negotiated contracts, said “me too” clauses that ensure all education unions get the same basic deal – including identical rates of pay increase – are negotiated.
Premier Doug Ford defended his government’s use of the notwithstanding clause to enforce anti-strike legislation as the province braced for a possible protest that would likely close schools Friday.
The controversial bill has drawn criticism from opposition politicians, the labour movement and Prime Minister Justin Trudeau who called it “wrong.”
In the Ontario Legislature Tuesday, Ford accused the Liberal and the NDP opposition of standing up for the heads of unions, not the average workers, students and parents.
“That means there’d be two million students sitting at home, probably a million parents would be taking work off,” Ford said. “We will never ever waver from our position that students remain in the class, catching up with their learning, surrounded by friends with a full school experience including extracurricular activities.”
The Ontario Legislature is currently debating Bill 28, the Keeping Students in Class Act, which would invoke the notwithstanding clause in the Canadian Charter of Rights and Freedoms to impose a contract on CUPE Ontario education workers and ban them from going on strike this Friday.
CUPE Ontario, which represents 55,000 school workers including maintenance staff and educational assistants, has warned that it is planning to go ahead with a massive day of protest Friday despite the threat of substantial financial penalties.
Trudeau told reporters Tuesday that difficult negotiations should not be resolved at the expense of workers’ labour rights.
“It has to be done in a thoughtful, respectful way at the bargaining table,” Trudeau said. “I really hope all politicians call out the overuse of the notwithstanding clause to suspend people’s rights and freedoms.”
The decision to override collective bargaining has set off the broader labour movement.
LiUNA Local 3000 tweeted in solidarity with CUPE education workers and urged supporters to send an email to Ford, Lecce and their local MPP in support of workers’ rights to negotiate a contract.
LiUNA was one of several construction unions that endorsed the Ford government in the spring general election.
NDP MPP Marit Stiles said she expects solidarity from the labour movement on this issue.
“I think education workers across this province and other workers see their future laid out for them,” Stiles said. “We’re going to use every tactic we can come up with to try to delay this legislation but, more importantly, to push the government to do the right thing and throw it out altogether.”
Liberal Leader John Fraser said Ford’s use of the notwithstanding clause outside of jurisdictional disputes between governments is an abuse.
“To use it as a way to solve contract negotiations is not its intended use,” Fraser said. “And it should send a very clear signal to anybody who bargains in this province.”
Education Minister Stephen Lecce has said that Bill 28 applies only to negotiations with CUPE Ontario, not to teacher union bargaining.
However, he has said that agreeing to CUPE’s 11.7% annual salary demands would have implications for ongoing teacher contract talks and could cost the provincial treasury billions of dollars.
Liberal MPP Mitzie Hunter, a former Liberal education minister who negotiated contracts, said “me too” clauses that ensure all education unions get the same basic deal – including identical rates of pay increase – are negotiated.
NDP slams Ontario's 'outrageous' plan to use notwithstanding clause in dispute with education workers
Kris Ketonen - TODAY
A northwestern Ontario MPP with the Opposition New Democrats says the province's plan to use the notwithstanding clause to impose a new contract on the province's education workers is "outrageous."
The Keeping Students in Class Act is being debated at Queen's Park on Tuesday. If passed, the bill would essentially force workers — including early-childhood educators, librarians and custodians — to remain on the job, and could see fines imposed on both workers and the Canadian Union of Public Employees (CUPE) in the event of a strike.
"I think it's outrageous," Lise Vaugeois, who represents the riding of Thunder Bay-Superior North, told CBC News during the emergency legislative session Tuesday. "It's the first time in Canadian history it has ever been used as a weapon against workers. It was never intended to be used in that way.
"It's really a trampling of very, very basic rights that workers have fought many years to attain, and they're just being wiped out."
The bill allows for fines of up to $4,000 per day against each worker who takes part in a strike.
The government has also said it intends to use the notwithstanding clause — which essentially gives the province the ability to override certain portions of the Charter of Rights and Freedoms for five years — to halt any constitutional challenges to the bill.
'Pretty distressing' atmosphere
The Queen's Park session Tuesday began at 5 a.m. to allow for a debate on the bill.
Vaugeois said the atmosphere at the Ontario Legislature has been "feisty."
"There's a lot of arguing going back and forth. It's pretty distressing ... to see the government side of the house stand up and cheer when they are imposing taking away rights from workers."
Condemnation over the province's proposal is not limited to the union and opposition at Queen's Park.
"Using the notwithstanding clause to suspend workers' rights is wrong," said Prime Minister Justin Trudeau, adding that collective bargaining negotiations need to happen respectfully despite any difficulties that arise.
"The suspension of people's rights is something that you should only do in the most exceptional circumstances, and I really hope that all politicians call out the overuse of the notwithstanding clause to suspend people's rights and freedoms."
Will Ottawa challenge clause use?
Federal Justice Minister David Lametti said he is looking at how Ottawa could challenge the province's use of the notwithstanding clause, noting that going to it pre-emptively is "exceedingly problematic" as it cuts off political debate and judicial scrutiny.
Education Minister Stephen Lecce tabled Bill 28, legislation meant to halt a strike by CUPE-represented education workers, on Monday.© Evan Mitsui/CBC
Ontario Education Minister Stephen Lecce, speaking with CBC's Metro Morning on Tuesday, noted there was a "massive difference" between the union's and the province's stances during negotiations.
"This is not the first option of any government to legislate, but the alternative is to do frankly nothing," said Lecce.
Throughout negotiations, he's said the government's top priority is keeping students in the classroom, which is the best place for them, after learning disruptions caused by the COVID-19 pandemic.
Call to return to negotiating table
Vaugeois said the government's goal is to get the bill passed before Friday, which is when a planned protest by Ontario education workers is expected to take place. She's calling on the government to get back to the bargaining table.
"[The province] could go back to the bargaining table at any time," she said. "That would be the normal operation. Even when a union is in a strike position, it doesn't mean that a strike will take place.
"No worker actually wants to go out on strike," she said. "What they want is the the ability to bargain in good faith and know that the other side is also bargaining in good faith."
The last offer by the government included raises of 2.5 per cent for any education worker making less than $43,000 per year, and 1.5 per cent for those making more, CUPE stated in a media release Monday.
CUPE is seeking annual salary increases of 11.7 per cent.
In a statement, CUPE Ontario president Fred Hahn said the government offer wasn't enough.
"A half per cent wage increase to an already-insulting offer isn't generous," Hahn said. "An additional 200 bucks in the pockets of workers earning 39K isn't generous. It wouldn't even be generous to accept our proposal — it would be necessary, reasonable and affordable. It's simply what's needed in our schools."
Several boards, including the Toronto District School Board (TDSB), have said they will have to close schools Friday in response.
In a statement provided to CBC News, Sherri-Lynne Pharand, director of education with Lakehead Public Schools, said the board remains hopeful that an agreement between the union and government will be reached.
However, no details about what Friday's protest would mean for public schools in Thunder Bay were provided.
"We are continuing to assess the impact that a full withdrawal of services would have on our schools in order to be prepared for all potential outcomes," the statement reads. "Updates will be provided through the board website and social media channels."
Ontario government tables legislation to prevent strike by CUPE education workers
CBC/Radio-Canada - Sunday
The Ontario government tabled legislation Monday to prevent a strike by education workers represented by the Canadian Union of Public Employees (CUPE).
The Ministry of Education introduced the Keeping Students in Class Act at Queen's Park Monday afternoon, which imposes a contract on the workers and prevents them from legally walking off the job. CUPE officials called the legislation "monstrous overreach" and vowed to fight it.
On Sunday CUPE gave the required five days' notice for job action, positioning 55,000 workers — including educational assistants, custodians and early childhood educators — to go on full strike as soon as Friday.
The government and education workers returned to the bargaining table Sunday afternoon but Education Minister Stephen Lecce issued a statement Sunday night saying the union is sticking to its position.
"Because CUPE refuses to withdraw their intent to strike, in order to avoid shutting down classes we will have no other choice but to introduce legislation [Monday], which will ensure that students remain in class to catch up on their learning," Lecce said.
Lecce added that students faced disruption to their schooling with teacher job action three years ago, followed by the COVID-19 pandemic, and that nothing should stand in the way of a child's right to learn.
Union will fight bill
CUPE, which represents school support staff and not teachers, says it will be looking at every avenue to fight the legislation.
A decade ago, the then-Liberal government passed legislation known as Bill 115, which froze some education workers' wages and limited their ability to strike.
Unions won a court challenge years later, with the judge ruling that the government "substantially interfered with meaningful collective bargaining" and Ontario was left having to pay more than $100 million in remedies to the unions.
Several Ontario school boards have said they will shut down schools if support staff fully withdraw their services.
The Toronto Catholic District School Board, the Kawartha Pine Ridge District School Board and the Peterborough Victoria Northumberland and Clarington Catholic School Board have all said that they will not be able to operate safely if CUPE members walk off the job.
Impasse on wages
Mediated talks between the province and union broke down earlier this month, with both sides still far apart on wages.
The gap persisted heading into Sunday's session as the countdown ticked toward a potential strike.
"No one wants to strike, least of all the lowest-paid education workers who can barely pay our bills," Laura Walton, president of CUPE's Ontario School Boards Council of Unions, said in a statement Sunday.
"Still, we need a significant wage increase and we deserve it."
Almost 200 people gathered last weekend in front of the Toronto Congress Centre in support of education workers and their contract negotiations with the Ontario government. The Progressive Conservative Party of Ontario was meeting at the centre for their general meeting.© Mehrdad Nazarahari/CBC
In an earlier statement, Lecce said he hoped CUPE would budge on demands he has described as unreasonable, but said the government will do what it takes to keep students in school.
"We are at the table with a fair offer that includes a pay raise and maintains the most generous pension and benefit package, but most importantly — it keeps kids in class," Lecce said in a news release Sunday.
"If CUPE moves ahead with strike action and disruption, we will act to keep students in class so they can continue to catch up."
CUPE is looking for annual salary increases of 11.7 per cent and the government in response has offered raises of two per cent a year for workers making less than $40,000 and 1.25 per cent for all others.
Education workers have made several other proposals, including overtime at two times the regular pay rate, 30 minutes of paid prep time per day for educational assistants and ECEs, and an increase in benefits and professional development for all workers.
Other than the proposal on wages, the government's offer seeks to keep all other areas the same as the previous deal except for a cut to sick leave pay.
The government wants to institute what it's calling a five-day "waiting period" for short-term disability during which a worker would receive 25 per cent of their normal pay and 90 per cent for the rest of the 120 days.
Toronto Catholic schools among boards that would close
The Toronto Catholic District School Board sent a letter Sunday informing parents that its 195 schools, which serve more than 90,000 students, will close if CUPE moves forward with a full strike.
The TCDSB said this is "to ensure the health, welfare, and safety of our students and staff."
"We are working with our child-care providers on a contingency plan and will communicate more information shortly," the letter said. "Parents with school-aged children are encouraged to make alternate arrangements for their families."
The board said with schools being closed, all permits, night school and Saturday classes, special events and excursions would be cancelled for the duration of the strike.
The Toronto District School Board says it continues to assess the impact a full withdrawal of services will have on its schools.
"With approximately 14,600 TDSB staff members represented by CUPE, maintaining a normal routine will be very difficult and as such, parents/guardians/caregivers and students should be prepared for all possibilities," the TDSB said in a statement.
"While the TDSB is not directly involved in the provincial negotiations, we remain hopeful that an agreement will be reached without any impacts to classrooms and board operations."
The Halton District School Board (HDSB) said Sunday its elementary school students would alternate days between in-person and remote learning in the event of a full strike, while high schools would remain open five days a week, including Grade 7 to 12 schools in Aldershot, Burlington Central and Acton District.
Elementary students with "significant" special needs would continue to attend school every day, HDSB said.
The Kawartha Pine Ridge District School Board and the Peterborough Victoria Northumberland and Clarington Catholic School Board together operate over 100 schools attended by roughly 50,000 students in Peterborough, Bowmanville and the surrounding area.
Peterborough Victoria Northumberland and Clarington Catholic said students would transition to remote learning at home, while Kawartha Pine Ridge said it would share details on plans if they receive notice from CUPE about pending strike action.
CUPE's membership returned a 96.5 per cent strike mandate earlier this month.
In 2019, CUPE and the government reached a last-minute deal the day before workers had been set to go on a full strike.
Kris Ketonen - TODAY
A northwestern Ontario MPP with the Opposition New Democrats says the province's plan to use the notwithstanding clause to impose a new contract on the province's education workers is "outrageous."
The Keeping Students in Class Act is being debated at Queen's Park on Tuesday. If passed, the bill would essentially force workers — including early-childhood educators, librarians and custodians — to remain on the job, and could see fines imposed on both workers and the Canadian Union of Public Employees (CUPE) in the event of a strike.
"I think it's outrageous," Lise Vaugeois, who represents the riding of Thunder Bay-Superior North, told CBC News during the emergency legislative session Tuesday. "It's the first time in Canadian history it has ever been used as a weapon against workers. It was never intended to be used in that way.
"It's really a trampling of very, very basic rights that workers have fought many years to attain, and they're just being wiped out."
The bill allows for fines of up to $4,000 per day against each worker who takes part in a strike.
The government has also said it intends to use the notwithstanding clause — which essentially gives the province the ability to override certain portions of the Charter of Rights and Freedoms for five years — to halt any constitutional challenges to the bill.
'Pretty distressing' atmosphere
The Queen's Park session Tuesday began at 5 a.m. to allow for a debate on the bill.
Vaugeois said the atmosphere at the Ontario Legislature has been "feisty."
"There's a lot of arguing going back and forth. It's pretty distressing ... to see the government side of the house stand up and cheer when they are imposing taking away rights from workers."
Condemnation over the province's proposal is not limited to the union and opposition at Queen's Park.
"Using the notwithstanding clause to suspend workers' rights is wrong," said Prime Minister Justin Trudeau, adding that collective bargaining negotiations need to happen respectfully despite any difficulties that arise.
"The suspension of people's rights is something that you should only do in the most exceptional circumstances, and I really hope that all politicians call out the overuse of the notwithstanding clause to suspend people's rights and freedoms."
Related video: 'Using the notwithstanding clause to suspend workers' rights is wrong': Trudeau Duration 0:34 View on Watch
Will Ottawa challenge clause use?
Federal Justice Minister David Lametti said he is looking at how Ottawa could challenge the province's use of the notwithstanding clause, noting that going to it pre-emptively is "exceedingly problematic" as it cuts off political debate and judicial scrutiny.
Education Minister Stephen Lecce tabled Bill 28, legislation meant to halt a strike by CUPE-represented education workers, on Monday.© Evan Mitsui/CBC
Ontario Education Minister Stephen Lecce, speaking with CBC's Metro Morning on Tuesday, noted there was a "massive difference" between the union's and the province's stances during negotiations.
"This is not the first option of any government to legislate, but the alternative is to do frankly nothing," said Lecce.
Throughout negotiations, he's said the government's top priority is keeping students in the classroom, which is the best place for them, after learning disruptions caused by the COVID-19 pandemic.
Call to return to negotiating table
Vaugeois said the government's goal is to get the bill passed before Friday, which is when a planned protest by Ontario education workers is expected to take place. She's calling on the government to get back to the bargaining table.
"[The province] could go back to the bargaining table at any time," she said. "That would be the normal operation. Even when a union is in a strike position, it doesn't mean that a strike will take place.
"No worker actually wants to go out on strike," she said. "What they want is the the ability to bargain in good faith and know that the other side is also bargaining in good faith."
The last offer by the government included raises of 2.5 per cent for any education worker making less than $43,000 per year, and 1.5 per cent for those making more, CUPE stated in a media release Monday.
CUPE is seeking annual salary increases of 11.7 per cent.
In a statement, CUPE Ontario president Fred Hahn said the government offer wasn't enough.
"A half per cent wage increase to an already-insulting offer isn't generous," Hahn said. "An additional 200 bucks in the pockets of workers earning 39K isn't generous. It wouldn't even be generous to accept our proposal — it would be necessary, reasonable and affordable. It's simply what's needed in our schools."
Several boards, including the Toronto District School Board (TDSB), have said they will have to close schools Friday in response.
In a statement provided to CBC News, Sherri-Lynne Pharand, director of education with Lakehead Public Schools, said the board remains hopeful that an agreement between the union and government will be reached.
However, no details about what Friday's protest would mean for public schools in Thunder Bay were provided.
"We are continuing to assess the impact that a full withdrawal of services would have on our schools in order to be prepared for all potential outcomes," the statement reads. "Updates will be provided through the board website and social media channels."
Ontario government tables legislation to prevent strike by CUPE education workers
CBC/Radio-Canada - Sunday
The Ontario government tabled legislation Monday to prevent a strike by education workers represented by the Canadian Union of Public Employees (CUPE).
The Ministry of Education introduced the Keeping Students in Class Act at Queen's Park Monday afternoon, which imposes a contract on the workers and prevents them from legally walking off the job. CUPE officials called the legislation "monstrous overreach" and vowed to fight it.
On Sunday CUPE gave the required five days' notice for job action, positioning 55,000 workers — including educational assistants, custodians and early childhood educators — to go on full strike as soon as Friday.
The government and education workers returned to the bargaining table Sunday afternoon but Education Minister Stephen Lecce issued a statement Sunday night saying the union is sticking to its position.
"Because CUPE refuses to withdraw their intent to strike, in order to avoid shutting down classes we will have no other choice but to introduce legislation [Monday], which will ensure that students remain in class to catch up on their learning," Lecce said.
Lecce added that students faced disruption to their schooling with teacher job action three years ago, followed by the COVID-19 pandemic, and that nothing should stand in the way of a child's right to learn.
Union will fight bill
CUPE, which represents school support staff and not teachers, says it will be looking at every avenue to fight the legislation.
A decade ago, the then-Liberal government passed legislation known as Bill 115, which froze some education workers' wages and limited their ability to strike.
Unions won a court challenge years later, with the judge ruling that the government "substantially interfered with meaningful collective bargaining" and Ontario was left having to pay more than $100 million in remedies to the unions.
Several Ontario school boards have said they will shut down schools if support staff fully withdraw their services.
The Toronto Catholic District School Board, the Kawartha Pine Ridge District School Board and the Peterborough Victoria Northumberland and Clarington Catholic School Board have all said that they will not be able to operate safely if CUPE members walk off the job.
Impasse on wages
Mediated talks between the province and union broke down earlier this month, with both sides still far apart on wages.
The gap persisted heading into Sunday's session as the countdown ticked toward a potential strike.
"No one wants to strike, least of all the lowest-paid education workers who can barely pay our bills," Laura Walton, president of CUPE's Ontario School Boards Council of Unions, said in a statement Sunday.
"Still, we need a significant wage increase and we deserve it."
Almost 200 people gathered last weekend in front of the Toronto Congress Centre in support of education workers and their contract negotiations with the Ontario government. The Progressive Conservative Party of Ontario was meeting at the centre for their general meeting.© Mehrdad Nazarahari/CBC
In an earlier statement, Lecce said he hoped CUPE would budge on demands he has described as unreasonable, but said the government will do what it takes to keep students in school.
"We are at the table with a fair offer that includes a pay raise and maintains the most generous pension and benefit package, but most importantly — it keeps kids in class," Lecce said in a news release Sunday.
"If CUPE moves ahead with strike action and disruption, we will act to keep students in class so they can continue to catch up."
CUPE is looking for annual salary increases of 11.7 per cent and the government in response has offered raises of two per cent a year for workers making less than $40,000 and 1.25 per cent for all others.
Education workers have made several other proposals, including overtime at two times the regular pay rate, 30 minutes of paid prep time per day for educational assistants and ECEs, and an increase in benefits and professional development for all workers.
Other than the proposal on wages, the government's offer seeks to keep all other areas the same as the previous deal except for a cut to sick leave pay.
The government wants to institute what it's calling a five-day "waiting period" for short-term disability during which a worker would receive 25 per cent of their normal pay and 90 per cent for the rest of the 120 days.
Toronto Catholic schools among boards that would close
The Toronto Catholic District School Board sent a letter Sunday informing parents that its 195 schools, which serve more than 90,000 students, will close if CUPE moves forward with a full strike.
The TCDSB said this is "to ensure the health, welfare, and safety of our students and staff."
"We are working with our child-care providers on a contingency plan and will communicate more information shortly," the letter said. "Parents with school-aged children are encouraged to make alternate arrangements for their families."
The board said with schools being closed, all permits, night school and Saturday classes, special events and excursions would be cancelled for the duration of the strike.
The Toronto District School Board says it continues to assess the impact a full withdrawal of services will have on its schools.
"With approximately 14,600 TDSB staff members represented by CUPE, maintaining a normal routine will be very difficult and as such, parents/guardians/caregivers and students should be prepared for all possibilities," the TDSB said in a statement.
"While the TDSB is not directly involved in the provincial negotiations, we remain hopeful that an agreement will be reached without any impacts to classrooms and board operations."
The Halton District School Board (HDSB) said Sunday its elementary school students would alternate days between in-person and remote learning in the event of a full strike, while high schools would remain open five days a week, including Grade 7 to 12 schools in Aldershot, Burlington Central and Acton District.
Elementary students with "significant" special needs would continue to attend school every day, HDSB said.
The Kawartha Pine Ridge District School Board and the Peterborough Victoria Northumberland and Clarington Catholic School Board together operate over 100 schools attended by roughly 50,000 students in Peterborough, Bowmanville and the surrounding area.
Peterborough Victoria Northumberland and Clarington Catholic said students would transition to remote learning at home, while Kawartha Pine Ridge said it would share details on plans if they receive notice from CUPE about pending strike action.
CUPE's membership returned a 96.5 per cent strike mandate earlier this month.
In 2019, CUPE and the government reached a last-minute deal the day before workers had been set to go on a full strike.
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