Neither Ontario’s education minister nor the assistant deputy minister will be asked to testify at a hearing that will decide whether a walkout by education workers is illegal.
The chair of the Ontario Labor Relations Board ruled that, as Minister of Education, Stephen Lecce is exempt from testifying due to parliamentary privilege.
Board chairman Bryan O’Byrne said Andrew Davis, the assistant deputy minister, could be called to testify. But after hours of delays, a lawyer for the Canadian Union of Public Employees (CUPE) said it would not ask Davis to provide evidence.
Instead, lawyers for both the government and the union will present arguments for a second day following an application to the provincial government board on Friday that sought to declare a recent walkout by CUPE-represented employees illegal.
Thousands of education workers, including educational assistants, custodians and librarians, walked off the job Friday and gathered in several protests across the province, including outside the legislature in Toronto. It was the start of an indefinite march in protest at the government’s passage of legislation banning strikes and imposing a four-year contract.
The province alleges CUPE is striking illegally, while the union representing 55,000 education workers argues its industrial action is a “legitimate political protest.” Members of other unions, including the Ontario Public Service Employees Union and Unifor, also joined the pickets.
Lecce has said the government had no choice but to proceed with its legislation to avoid a strike and keep students in classrooms after the COVID-19 pandemic disrupted learning in recent years. The bill includes the however clause, which allows the legislature to override parts of the Canadian Charter of Rights and Freedoms for a period of five years.
The walkout has led the vast majority of school boards in the province to shut down face-to-face learning, with many saying they will move to full online learning next week if the industrial action continues.
The closures have affected child care arrangements for thousands of Ontario parents, with many scrambling to find last-minute caregivers or taking time off work to help their children learn remotely.
LOOK | Ontario parents on how the education worker walkout has affected their families:
Ontario parents share the impact of the education worker walkout on their families
Two parents from the province discuss the ongoing dispute between the Ontario government and the union representing education workers and how it’s affecting their children.
CUPE sought to have both Lecce and Davis testify at the hearing, which was conducted via Zoom and streamed live on YouTube.
Prime Minister Justin Trudeau has condemned the government’s use of the clause. His government has said it is exploring options to challenge the bill at a federal level.
The industrial action closed numerous schools and the union has said the strike could continue indefinitely.
The new government law has set fines for violating the ban on strikes of up to $4,000 per employee per day, which could rise to $220 million for the 55,000 workers, and up to $500,000 per day for the union. CUPE has said it will fight the fines, but will also pay them if necessary.