TORONTO, June 22, 2021 (GLOBE NEWSWIRE) -- Working Families announced today that it will mount a constitutional challenge to the Ford government’s use of the Notwithstanding Clause in Bill 307 as a result of it losing a court decision on Bill 254. “The government was upset that they didn’t get their way with the earlier court judgement and decided to use the nuclear option to silence potential critics,” said Patrick Dillon, Official Spokesperson for Working Families.
“The use of the Notwithstanding Clause was never intended to be used in a fashion that would deprive citizens of their constitutional rights to meaningfully participate in a fair democratic electoral process,” said Paul Cavalluzzo, lead attorney for Working Families. “We believe that the government has overstepped its authority with this legislation and is violating Section 3 of the Charter of Rights and Freedoms which guarantees that Canadians are able to 'play a meaningful role in the electoral process' (Figueroa v Canada, 2003).” The Notwithstanding Clause does not apply to Section 3 of the Charter.
Working Families and other groups have challenged both Bill 2 in 2017 and Bill 254 in 2021 and were successful in having them struck down by Justice Edward Morgan of the Ontario Superior Court. Justice Morgan found that the provisions of the Bill were unreasonable, and the rights of the applicants were infringed upon.
“We are taking this action to protect the rights of Ontarians to share how government policies have impacted them,” said Dillon. “From students and parents to healthcare workers to workers in factories, warehouses, restaurants and grocery stores, their stories and concerns should be shared and not silenced.”
“The provincial government recalled the Legislature to ram through, what in their own terms, was emergency legislation in a matter of days,” said an angry Dillon. “They put their own political survival ahead of working families and others who have been affected by their policies. They used a section of the Constitution to deprive Ontarians of having their opinions heard. At that same time, they doubled financial contributions that are subsidized by taxpayers and that only benefit political parties.”
“The government was given the opportunity to appeal or amend the legislation by Justice Morgan to comply with the Charter but instead decided to double down and invoke the Notwithstanding Clause,” pointed out Dillon.
Working Families will prepare submissions for court on an expedited basis as the legislation is in effect and therefore harms individuals and groups.
For more information contact:
Patrick Dillon, Official Spokesperson for Working Families
(Cell) 416-347-8245
patrick@ontariobuildingtrades.com
Paul Cavalluzzo, Attorney for Working Families
(Cell) 416-931-2978
pcavalluzzo@cavalluzzo.com