As CUPE Calls for Escalated Strikes Across Ontario, Ford Says Government Will Rescind Notwithstanding Clause if Strikes Halt

As CUPE Calls for Escalated Strikes Across Ontario, Ford Says Government Will Rescind Notwithstanding Clause if Strikes Halt
Canadian Union of Public Employees (CUPE) education workers strike on the picket line in Kingston, Ont., on Nov. 4, 2022. The Canadian Press/Lars Hagberg
Peter Wilson
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The union representing thousands of education workers striking across Ontario for higher compensation says it will be calling for general strike action from other unions, both public and private, across the province on Monday.

Meanwhile, Ontario Premier Doug Ford told reporters Monday morning that his government is willing to rescind the notwithstanding clause if the Canadian Union of Public Employees (CUPE) halts its strike.

“As a gesture of good faith our government is willing to rescind the legislation. We’re willing to rescind Section 33, but only if CUPE agrees to show a similar gesture of good faith by stopping their strike and letting our kids back into their classrooms,” he said.

“They have to go into the classroom. That’s the deal.”

Ford said CUPE “walked away from the negotiating table” and said the Ontario government “is very flexible” in negotiating wage raises, and urged the union to come back to the bargaining table.

“We’re willing to make a fair deal, one that offers more help for lower income workers. We want a deal that’s fair for students, fair for workers, fair for parents, and fair for taxpayers,” he said.

“I feel we can strike a deal, but [CUPE] needs to come back. They’re the only ones that have the ability to have the kids back in the classroom.”

CUPE, which represents over 55,000 education workers, said it will be holding a press conference in Toronto on Monday to speak to reporters about “escalating” the strike protests, which began Nov. 4 after the Ontario government passed legislation forcing new contracts on the workers.
CUPE Ontario president Fred Hahn also said during a protest in downtown Toronto on Nov. 5 that they met “with other heads of unions” and are looking to “build resistance.”

“We will bring others to this resistance,” said Hahn.

CityNews Toronto reported on Nov. 6 that “two separate union sources” confirmed that CUPE will call for a general strike on Monday across Ontario.
A day before the protests began, the Ontario government passed Bill 28, also known as the Keeping Students in Class Act, to set a 2.5 percent annual wage increase for individual workers making under 43,000 per year and a 1.5 raise for all other employees. The legislation also declares the province-wide strikes illegal.
The government also enacted the notwithstanding clause, which overrides the Charter of Rights and Freedoms and allows Bill 28 to stay in effect regardless of any constitutional challenges against it.

Seeking Raises

The 55,000 education workers represented by CUPE make, on average, $39,000 a year. The union was originally seeking an annual salary raise of 11.7 percent for the workers in addition to overtime compensation at twice the regular pay rate.
CUPE said its latest wage-increase offer to the Ontario government, made on Nov. 3, was for a decreased six percent annual payment increase, but was rejected.
“This is a call to arms for union members, workers, and anyone who believes in Charter rights across Canada. This isn’t just about education workers, this is about the rights of all working people across the country,” said CUPE national president Mark Hancock in a news release on Nov. 3.

“Our members are united, and they intend to fight—and they have Canada’s largest union in their corner and we are going to fight alongside them.”

The federal government weighed into the provincial matter last week, with Prime Minister Justin Trudeau calling the Ontario government’s legislative actions “wrong” and saying his government is looking into possible options it could use.
Justice Minister David Lametti refused to discuss what types of actions the federal government might use, but told reporters on Nov. 2 that there are “a number of different things one might do.”
Andrew Chen contributed to this report.