Elementary Teachers Federation of Ontario condemns government appeal of Bill 307

BY PAUL JUNOR

There has been opposition to Bill 307 since it was introduced by the PC-led provincial government of Doug Ford. Many labour unions as well as diverse education, labour and business unions have been unanimous in their vehement attack on it. It is important to understand what Bill 307 is about, and the context in which it was introduced and the troubling aspects about it.

It was in 2017 the Ontario government changed the Election Finance Act to ensure there was a third-party spending limit on political spending. This results in a maximum of $600,000 leading up to an election in a six-month period and a $24,000 restriction on spending in a political riding. The province argued that this would strengthen democratic governance and facilitate an equitable election process. On May 4^th, 2021, Bill 254 titled, “Protecting Ontario Elections Act, 2021″ was signed into law. The pre-election spending period was lengthened to 12 months while the money spent on election stayed the same. The Ontario general election occurred the next year in June 2022.

Bill 254 was subsequently challenged on the grounds that it did not give individuals and civil society enough time to discuss important issues such as policies regarding: health care, education etc. After the Working Families Coalition argued in June 2021 that it violated subsection 2(b) of the Canadian Charter of Rights, it was struck down by the Ontario Superior Court. The government wasted no time with the introduction of Bill 307-Protecting Elections and Defending Democracy Act, 2021 which was enacted into law in less than a week.

There are many similarities between Bill 307 and Bill 254. The major difference is that the government invoked the notwithstanding clause for the first time ever in the history of the province in an attempt to forestall another Charter challenge. It happened again with the Working Families Coalition Bill 307 in November 2021 on the basis that it infringed the Charter right to vote (section 3) which is exempted from it. The Superior Court agreed with the Coalition and ruled Bill 307 as unconstitutional.

On March 6^th, 2023, the Superior Court presented the government with 12 months to respond with another legislation that agreed with the Charter. The two key issues that were before the court were:

• Did the Government of Ontario properly invoke the notwithstanding clause?
• Did Bill 307 infringe the Charter right to vote and, if it did, could it be saved under section 1 of the Charter on the grounds the infringement was a reasonable limit prescribed by law?

ETFO has consistently highlighted the manner in which this Bill has intervened on workers’ democratic and civil rights. ETFO issued a press release on Tuesday, May 21^st, 2024, which indicated that on May 21at and May 22^nd, the Supreme Court of Canada would hear the PC-led provincial government appeal of Bill 307. ETFO would like the highest court in Canada to rule against the Ontario government’s bid to have the Court of Appeal’s decision to rule Bill 307 unconstitutional and render certain aspects of it as null and void.

EFTO notes in the press release, “In a blatant disregard for the Courts and the rights of Ontario, the Ford government is appealing the resounding decision that declared Bill 307 unconstitutional. This is a betrayal of those who they were elected to serve, Not Silence.” The union believes that there are inherent flaws in Bill 307 that made it: undemocratic, unlawful and wrong. It notes further, “The Court of Appeal for Ontario ruling was clear. Bill 307 violates fundamental rights and Freedoms guaranteed by the Canadian Charter of Rights and Freedom. Instead of respecting the rule of law, the Ford government chose to prolong this egregious attack on democracy. Their ongoing efforts to override our Charter rights and to limit the voices of workers, labour unions, and all Ontarians are shameful.”

ETFO highlights negative aspects of Bill 307 that are antithetical to the democratic process and could potentially cause great harm to the rights of working-class labourers. It elaborates, “ETFO is a regressive piece of legislation that seeks to silence dissent and impose an authoritarian grip on our province. ETFO will not stand idly by as the Ford government willfully tramples on the democratic rights of Ontarians. We will continue to fight alongside our allies to ensure the rights of Ontarians are fully restored and Bill 307 is not reinstated.”

ETFO made a final appeal to the provincial government to reconsider its decision. The press release concludes, “We once again call on the Ford government to abandon its misguided appeal and respect the court’s decision. It is time for officials to listen to the voices of Ontarians, including the critics. This is the foundation to democracy. ETFO stands united in defense of: democracy, justice, and the rights of Ontarians, which must be upheld. We will not waver in our commitment to protect the principles that underpin a fair and just society.”