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ARTICLE · 02 JUNE 2016

Collective Bargaining Rights Affirmed: Putting Students First Act Is Ruled Unconstitutional

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On April 20, 2016, the Ontario Superior Court of Justice declared the Putting Students First Act, 2012 (the "PSFA") unconstitutional.

CanadaEmployment and HR
Nadya Tymochenko
Nadya Tymochenko
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On April 20, 2016, the Ontario Superior Court of Justice declared the Putting Students First Act, 2012 (the "PSFA") unconstitutional.  In OPSEU v. Ontario,1 the Court held that the Ontario government infringed upon the right to freedom of association guaranteed by section 2(d) of the Canadian Charter of Rights and Freedoms2 (the "Charter") to unions in the publicly funded elementary and secondary education sector by interfering with the collective bargaining process in 2012. 

Background

In September 2012, the Government of Ontario passed Bill 115, the PSFA, which was designed to respond to the expiry of teacher collective agreements on August 31, 2012.  Upon expiry of the agreements, a "statutory freeze" pursuant to the Labour Relations Act, 1995 would have come into effect and would have led to a substantial increase in teacher compensation as of September 1, 2012 in accordance with existing salary grids. 

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