Canadian bill proposing hefty $2,900 fine daily on striking workers invites ire, triggers rights’ row

A “draconian” bill in the Canadian province of Ontario that would fine school support staff C$4,000 (US$2,900) a day for striking, has caused a storm in the country. It has raised concerns over fundamental workers’ rights that are at risk of being killed if it gets passed. Doug Ford’s conservative government in Ontario has tabled the legislation in question.

The bill imposes a contract on education workers, and levies hefty fines on those who go on strikes. Prime Minister Justin Trudeau has sharply criticised the Ontario government over the bill and raised concerns that it will “suspend people’s rights and freedoms”.

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The government has fast-tracked Bill 28 amid calls by the Canadian Union of Public Employees for a strike on Friday over pay hike. The union represents 55,000 education workers and has been asking for an 11.3 per cent raise for its workers. They argue that stagnant wage growth and high inflation have hit them hard since they are often the lowest-paid workers.

Meanwhile, the government has proposed a 2.5 per cent annual raise for the lowest-income workers and 1.5 per cent raises for others.

The bill, if passed, would legally snatch away the rights of the workers to strike and bargain for the first time everin the country.

While the workers will be fined US$2,900, the union will have to pay US$3,66,497 for striking.

A rarely used legal mechanism known as the notwithstanding clause is being invoked to implement the bill. The clause allows provincial governments to override some portions of the charter for a five-year period. It needs to be highlighted that the bill breaches the country’s Charter of Rights and Freedoms and the Human Rights Code. However, the government says that right now its focus is to avoid a strike.

Canada’s justice minister has called the legislation “exceedingly problematic”, but experts say that the federal government can't do much to stop it.

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Lawyers are also concerned about the government’s pre-emptive use of the clause.

“The Ford government is essentially saying it is above the law. This is not just an attack on the fundamental charter rights, human rights and labour rights of education workers. It’s also an attack on our constitutional democracy and the rule of law,” Adrienne Telford, a constitutional and labour lawyer, told Guardian.

Canada’s top court had recognised workers’ right to strike in 2015.

“Workers weren’t even allowed to exercise their right to strike. It’s pre-emptively taken that away. But what’s even more shocking is that the government isn’t replacing their fundamental right to strike with the right to arbitration,” she said. “Basically, this is an attempt by the government to avoid having to appear before an independent arbitrator and not get what it wants.”

(With inputs from agencies)