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ARTICLE · 01 DECEMBER 2022

Court Finds Bill 124 To Be Unconstitutional

Hicks Morley Hamilton Stewart Storie LLP
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On November 29, 2022, the Ontario Superior Court of Justice rendered its decision in Ontario English Catholic Teachers Assoc. v. His Majesty.

CanadaEmployment and HR
Amanda P. Cohen
Amanda P. Cohen
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On November 29, 2022, the Ontario Superior Court of Justice rendered its decision in Ontario English Catholic Teachers Assoc. v. His Majesty.

The Court found that the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) is contrary to section 2(d) (freedom of association) of the Canadian Charter of Rights and Freedoms and could not be justified under section 1 of the Charter. Bill 124 was declared to be void and of no effect. The consideration of any remedy as a result of Bill 124 being in effect since June 2019 was deferred to a further hearing.

We will be reviewing this decision in greater detail and will provide a summary in the coming days.

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