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老兄,有人真的看过22号法案吗?简直糟透了。

商业律师 3 回答
我早知道情况会很糟糕。当宣布动用“非 obstante 条款”时,我就预感到了。当在谈判结束、罢工实际开始之前,就宣布要强行实施一份合同时,我更是确信这一点。 但实际情况比我想象的还要糟糕得多。说这份合同是强加给这些工人的,简直是轻描淡写。这项法案,任何规章,合同的任何部分,都不能通过民事诉讼或任何常规适用委员会提出上诉或采取任何法律行动。它具有追溯效力,因此任何正在进行的行动,无论是在法院还是在委员会,都将被视为驳回。可以启动司法审查,但他们无权命令任何补救措施。 其中有一个条款禁止使用《安大略人权法》。 而且,由于使用了第 33 条,宪章和宪法第 24 条和 52 条中包含的宪法补救措施也不适用。 这份强加的合同包含了工会明确表示不可接受的条款。合同中规定的工资和“涨幅”甚至远未达到任何人认为可以维持生计的水平,大多数了解此事的人都会觉得可笑。 而且在法律上,他们对此无能为力。不到 3 个小时后开始的罢工是非法的,因此这些工人将没有工资,没有罢工工资,也没有补救或赔偿。如果最后一点还不能表明他们的绝望,那就什么也无法表明了。 这项法案是对安大略省工会控制和破坏的测试案例。如果这种情况成立,工会工人的权利可能会像多米诺骨牌一样倒塌。 我家附近住着一位幼儿教育工作者。她还有一份在餐厅担任经理的全职工作,在那里她挣的钱更多。但她仍然需要这两份工作才能生存。 所以,请善待你的教育工作者,并尽你所能提供帮助。给你的省议员、福特、莱切发送电子邮件。发送纸质邮件。让你自己被听到,让你自己的不满被知晓。找到离你最近的警戒线(在他们的网站上),然后出现。带上热饮、零食、水或喇叭声来支持他们。如果可以,和他们一起留在警戒线上。 如果有人问为什么,告诉他们去读法案,然后再读一遍。然后问他们是否可以接受他们的老板对他们这样做。如果他们加入了工会,告诉他们这可能发生。 这是 28 号法案。
回答次数 (3)
千帆过尽
# 3
The most disgusting part of the use of this whole action by the Ontario government is that this is mechanically going to work towards a perceived surplus in the budget come election time.

Lecce and Ford are using this way to make the narrative sound like “a 2.5% pay increase is something education workers should be happy about, so this strike is out of greed.”

That is far from reality. Any school will tell you that one of the biggest needs they have is more EAs and support staff because, especially in Ontario, they are the lowest paid education workers.

They provide so much of a needed help in the classroom and Lecce, the Education Minister, who has never spent a day in a public classroom, let alone taught in one, doesn’t have any appreciation or understanding that that’s what this strike is about.

Pay support staff what they deserve, and you will have them show up to do the job that we need them to do to make an incredible difference to children’s education.

We’ve learned the value of education workers through COVID shutdowns, everyone knows how important the job these people do is, and Ford and Lecce are making it about money because they wanna cover for a surplus come election time. THEY DONT CARE ABOUT YOUR CHILDREN. If they did, they would support the idea of enticing more people to take up the job of being educational support staff and instead they’re punishing the people that are fighting for it.

They don’t care about you, your children, or your childrens’ education; they care about your vote by pretending to make the province money.
O
Olympian2
# 2
So, the biggest question in my mind right now is - enforcement. How is this thing going to be enforced? By whom? With what powers? The bill is entirely silent on that (although a regulation could and likely will be put into place, as was done with the COVID measures under the Emergency Management and Civil Protection Act.)

But the idea of these $4,000 per day "blanket fines" is just not in there. The Bill has a simple offences clause that would have to be enforced under the Provincial Offences Act. Normally such things are enforced by Provincial Offences Officers, who - by the way - are unionized, and would likely join the picket line before actually handing out any charges.

But if they were going to hand out something like a "ticket", they would have to give you a Part I Summons (for a fine up to $1000). Or they'd have to swear an Information under Part III of the POA. This is a much more onerous process for everyone involved, which would require the officer to conduct an investigation; swear under oath that they have reasonable and probable grounds that an offence occurred; have a Crown review the evidence and determine it was in the public interest to proceed; disclosure to be provided to the defendant (union or individual); a plea of guilty or not guilty to be entered by the defendant; potentially a trial; and then for the court to impose a fine that it thinks is fair.

It's a hallmark of sentencing caselaw that the maximum fine is reserved for the worst offence and the worst offender. On a first offence, defendants generally get a small fraction of the maximum.

All this to say - for now, the Bill is silent on enforcement. But, even if an enforcement Regulation is put into place, the POA courts are already super clogged, and I really don't see many charges getting past the unionized officers, Crowns who consider the public interest, or the court themselves who could simply impose suspended sentences.

Hopefully these aren't famous last words.
O
OrichalcumSword2
# 1
I posted this in another thread but everyone who is appalled by this behaviour should email representatives from their area:

Hello Stephen,

As a parent of 3 elementary students (Grade 5, 3 and 1) I just wanted to write to you about the CUPE strike and Bill 28.

https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-28

You gladly take over 4x the salary of an average CUPE worker while freezing their raises and paying them an unlivable wage. You want to know a trick to keep kids in school? Pay the workers - especially the ones who are educating the next generation of Canadians.

I challenge you, walk into a public school and talk directly to those who are inside those buildings everyday. A real leader would have no issues doing this simple thing.

In passing Bill 28, you have opened the door to our rights and freedoms as Canadians to be compromised. You obviously have zero respect for our Charter and all it stands for. First it starts with the right to strike but next it will be any of the following: freedom of expression, thought and belief, freedom of religion and conscience, protest rights, freedom of the press, freedom of association, privacy, the right to counsel, habius corpus and a fair trial, the presumption of innocence, equality, life, liberty and the security of the person and freedom from torture.

Now every provincial government and future federal government gets to see how easy it is to revoke these rights in the Charter. What a mockery of our democracy you have made.

My family has been in Canada for over 50 years. My kids are 4th generation Canadians and you are taking away all our rights. Where do you draw the line? Or better yet where do we draw the line…

I stand with CUPE against your unjust anti-Canadian Bill 28, we will remember who stood for and against this Bill and I look forward to the next elections.

Kind regards,

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