Colleagues,
On Wednesday, April 20th, the Ontario Superior Court of Justice released a historic decision
that confirmed what ETFO members knew all along: that Bill 115 violated our right to
free and fair collective bargaining as protected by the Canadian Charter of Rights and Freedoms.
The court's decision is a vindication for all ETFO members and it confirmed that Charter
rights are for everyone, and they can't be legislated away with the stroke of a pen.
I want to take you back to September 11, 2012, when we first experienced this unprecedented
attack on our Charter rights.
Bill 115 stripped provisions out of ETFO collective agreements that had been legitimately negotiated
and in place for decades.
It unilaterally imposed terms in our contracts and took away our right to strike.
It even prohibited the Ontario Labour Relations Board from taking into consideration our members'
democratic rights in labour board decisions.
I think it's safe to say that Bill 115 was one of the most regressive pieces of labour
legislation ever enacted in Canada.
Working in solidarity--ETFO, OSSTF, OPSEU and CUPE-- filed a Charter Challenge together
in October 2012.
At the same time, ETFO members rose to the occasion.
Through collective action, led by the stellar efforts of ETFO local leaders, our members
became the front line in defending the rights of all working people in Ontario.
The proudest moments during my 7 years as your President were standing shoulder to shoulder
with you as we stood up to protect our democratic rights.
In April 2012, and again in August 2012, thousands of ETFO members from across the province made
the trip to Toronto to take part in two Queen's Park rallies.
At those rallies, we let the government know that if it followed through on its threats
to strip our collective agreements, it would face a challenge like it had never seen.
Over 25,000 ETFO members and our sisters and brothers in the labour movement came together
again in January 2013 at the Liberal Convention in Toronto and made it clear we were not going
to forget Bill 115.
In between, our members took a pause on voluntary extra-curricular activities, started work-to-rule
strike action, and voted 92% in favour of a one-day political protest.
And in December 2012, ETFO members stood together during a pivotal moment in the history of
our union when 76,000 of us walked the picket lines demanding that our collective bargaining
rights be respected.
In rotating strikes, community organizing, lobbying, and protests at MPP offices, ETFO
members and local leaders clearly and passionately demonstrated our opposition to the government
and its attack on educators.
Our push-back against Bill 115 turned public opinion around.
By February 2013, surveys showed that 61% of Ontarians supported us in the Bill 115
dispute.
And now, the Superior Court of Justice has confirmed that Bill 115 represented a substantial
interference to our right to bargain collectively, including our right to take strike action.
I would like to acknowledge the many members who have been in touch with me over the last
week to say how happy they are with the Court's decision.
And the Provincial Executive is also very pleased with the decision.
We know you have questions about what happens next.
I want you to know that ETFO is working with legal counsel and the other unions to consider
our options regarding a remedy and how we move forward.
I've said it before many times, but I want to say it again.
Thank you to every ETFO member and local leader for the actions you took and the incredible
solidarity you showed in 2012 and 2013.
Those actions weren't easy or very popular at the time.
It takes courage to do the right thing under pressure, to stand up for principles and values.
You showed that courage.
That's something to be proud of.