CUPE to End Strike After Ontario Promises to Rescind Notwithstanding Clause

CUPE to End Strike After Ontario Promises to Rescind Notwithstanding Clause
CUPE members and supporters join a demonstration in Ottawa on Nov. 4, 2022. The Canadian Press/Spencer Colby
Peter Wilson
Updated:
The Canadian Union of Public Employees (CUPE) says it will end its strike of over 55,000 education workers across Ontario following a promise by the provincial government to rescind its use of the notwithstanding clause if the workers return to schools.

“We have received and can confirm that the premier will introduce and support legislation that will repeal Bill 28 in its entirety,” said Laura Walton, president of the CUPE Ontario School Board Council of Unions, during a press conference on Nov. 7.

CUPE-OSBCU president Laura Walton (R) answers a question as CUPE president Mark Hancock looks on during a press conference in Toronto on Nov. 7, 2022. (The Canadian Press/Nathan Denette)
CUPE-OSBCU president Laura Walton (R) answers a question as CUPE president Mark Hancock looks on during a press conference in Toronto on Nov. 7, 2022. The Canadian Press/Nathan Denette
In response to CUPE threatening province-wide strikes if educational workers were not given annual raises of 6 percent, 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 workers making under 43,000 per year, and a 1.5 raise for those earning more.
The government also used the notwithstanding clause to ensure the act would remain in force regardless of any constitutional challenges against it.

Walton said Bill 28 “will be repealed in a manner that ensures that the legislation will be deemed that it was never a law in Ontario in the first place.”

She added that CUPE will be collapsing all of its protest sites by Nov. 8 as “a gesture of good faith to this announcement,” and that CUPE is “waiting right now” for a bargaining offer from the government.

“The time is ticking,” she said.

Ford said in a Twitter post that he’s glad that CUPE has agreed to end the strike “so kids can return to class.”
“We’ll be back at the table to negotiate a fair deal—for students, parents, workers and taxpayers,” he said.

Negotiations

Following CUPE’s update, the province’s Education Minister Stephen Lecce said in a statement that Bill 28 will be rescinded “at the earliest opportunity.”

“As we have always said and called for, kids need to be back in the classroom,” Lecce said.

Ontario Premier Doug speaks during a press conference, as Education Minister Stephen Lecce looks on, at Queen's Park in Toronto on Nov. 7, 2022. (The Canadian Press/Nathan Denette)
Ontario Premier Doug speaks during a press conference, as Education Minister Stephen Lecce looks on, at Queen's Park in Toronto on Nov. 7, 2022. The Canadian Press/Nathan Denette
CUPE says the educational workers who have been striking since Nov. 4 will be returning to work on Nov. 8.

Ford told reporters during a press conference on Nov. 7 that he never wanted to invoke the notwithstanding clause, but said CUPE’s negotiations gave him no choice.

“I don’t like using section 33,” Ford said, referring to the clause in the Charter of Rights and Freedoms.

CUPE’s national president Mark Hancock said even though the union is ending the strike, “we’re not done yet.”

“There are 55,000 education workers here in Ontario who still need a fair deal that helps them make ends meet,” he said. “And we are all going to stand with them until they get it.”

Ford said that his government will only rescind Bill 28 once workers are back in classrooms.

“Let’s negotiate a fair deal,” he said, adding, “I’m very flexible with that.”

The Canadian Press and Andrew Chen contributed to this report.