Ontario appeal court upholds TTC workers' right to strike

A Toronto Transit Commission sign is shown at a downtown Toronto subway stop Tuesday, Jan. 31, 2023. THE CANADIAN PRESS/Graeme RoyOntario's top court has upheld the right of Toronto Transit Commission workers to strike, a decision that comes just days before potential job action.

In 2011, the Ontario government, under the Liberals, enacted a law banning unionized TTC workers from striking, which government lawyers in this appeal said came after "unusually frequent strike action and immediate ad-hoc back-to-work legislation." The lower court judge did make some errors in his analysis, the Appeal Court wrote, but none of them "fatally undermined" his conclusion that the law breached TTC workers' collective bargaining rights and that breach could not be justified under the section of the charter that allows reasonable limits on rights and freedoms.

"He concluded that the public harms the legislature feared would be caused by a full or partial TTC shutdown were speculative and unproven, whereas the impact of the strike ban on TTC employees’ rights was significant."

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Ontario appeal court upholds TTC workers’ right to strike, as potential job action loomsA Superior Court judge found last year that the law, enacted in 2011 under the Liberals, interfered with workers’ collective bargaining rights
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