Point of order.

I rise today to join the debate on Bill 28, legislation that follows a long line of anti-worker bills that this government has brought forward. We saw that in their first term of office, when they introduced Bill 124, when they did a complete override of collective agreements with the emergency orders, so in some ways this legislation is not all that surprising.

What is concerning, however, about Bill 28 compared to those previous acts of this government, is its unprecedented use of the “notwithstanding” clause and the override of the human rights protections that are included in the Human Rights Code. This is the first use in Canada of the “notwithstanding” clause to suppress constitutionally protected charter rights. The courts have been very clear that freedom of association includes the right to fair and free collective bargaining, as well as the right to strike. This government removes those constitutionally protected charter rights and will engage this government for years in court fights about the government’s use of these provisions.

Just last week in this place, we eulogized Bill Davis, who was a part of the group who repatriated the Constitution. Bill Davis brokered the deal that brought us the “notwithstanding” clause, and he was very, very clear that it was to be used very, very sparingly, and it was to be used to provide new benefits for disadvantaged or marginalized populations, not to use the heavy sledgehammer of legislation during collective bargaining.

As my other colleagues have mentioned, it is clear that this bill took some time for the government to write. This was not a bill that came off a word processor in a couple of days. They have been working on this bill for months—for months, Speaker—as CUPE members have been sitting at the table waiting for the government to negotiate in good faith.

And who are these CUPE workers? They are education assistants; they are early childhood educators; they are custodians; they are school secretaries. They are the backbone of our education system and they are the lowest-paid workers in our education system, and so low paid, in fact, Speaker, that many are relying on food banks, as we have pointed out time after time. There was a survey that CUPE undertook of its members which found that half of CUPE members struggle to pay their bills each month. The paycheque won’t cover basic necessities of food, of utilities, of transportation. They’re not getting a sufficient salary to meet those financial obligations that they have to feed their families and maintain some semblance of a quality of life. One quarter of CUPE members said they couldn’t afford gas or public transportation on the wages that they were being paid. More than two thirds of CUPE members said they had to stop setting aside money for savings because there was no money to put aside at the end of the month.

So these are not workers who are being well compensated and are asking for unreasonable wage increases. They are workers who are asking to be paid what they are worth. And we saw during the pandemic how very crucial these workers are to the health and safety, to the academic success, to the well-being of children in this province. Do children matter to this government? Does it matter to this government that there are caring adults in our school system who are able to support kids in schools?

This government talks about the fact that they want to bring stability and end disruption in our school system, but if they watched what happened after Bill 115 under the Liberals, when a collective agreement was imposed on education workers, the aftermath of that legislative action lasted years, Speaker. I was one of those trustees who was there at the time of Bill 115. I saw the complete demoralization of education workers across the education system. I saw parent frustration higher than it had ever been because of the dismal atmosphere in our schools. We saw students who were losing opportunities that they needed to engage in education and be successful and go on. That is the legacy that this government is going to be bringing to public education with this action.

There is speculation that maybe this is all part of the government’s plan to privatize more and more of our public services, and that the direct payments to parents that have been flowing out during this pandemic and the $345-million catch-up payments to parents is all part of a backhand way of privatizing public services. The government says that parents should be trying to chase down tutors to help their kids in school, but parents are saying that they know that what will help kids in school is having early childhood educators; it’s having educational assistants; it’s having custodians; it’s having school secretaries who are compensated appropriately and there to support their kids.

I just wanted to read a couple of emails that I have received from parents. One parent wrote to me, “The lack of support for educational staff is callous and unforgivable. I have two primary school-aged children and frankly no amount of mental health support can prepare us for yet another year of disruptions and virtual school. The kids need to be in school, and educational staff need to be adequately compensated.”

Another parent, with two elementary school-aged children, says, “If a strike is necessary for these workers to be treated fairly their right to strike should absolutely not be taken away! Our children have had a lot of disruptions these last few years but we cannot agree with the idea of the government taking away the right to strike. It shows us that the government is not working to bargain in good faith.”

I implore this government—there are several days left before November 4—withdraw this bill, get back to the bargaining table, talk to CUPE workers, negotiate a fair deal, give our kids the supports that they need in our classrooms and help preserve quality public education in Ontario.

I appreciate the question. I think that all of us on this side of the House have been very clear that workers deserve to be fairly compensated and they deserve to bargain the compensation that they’re going to receive at a bargaining table through fair and free collective negotiations. This government has decided to invoke an imposed contract on these workers rather than sitting down in good faith to talk about what kind of a deal will compensate them fairly and preserve the supports that our children receive in Ontario classrooms.

Our education workers provide a vital, essential service in this province. They deserve to be fairly and adequately compensated for that.

Speaker, I seek unanimous consent to bring forward a motion without notice to immediately withdraw Bill 28, keeping kids in class act, and for the Ford government to return to the table for a deal that is fair to students and workers and respects charter and human rights.

I rise as the House leader for the official opposition to offer a few brief comments on the point of privilege that was raised by the member.

Certainly, we share concerns about public statements about this legislation that have been made by the Minister of Education but, more importantly, we have grave concerns about the content of this legislation. This is a bill that will have profound and lasting implications for public education and for the future of collective bargaining in this province. The use of the “notwithstanding” clause to suppress constitutionally protected charter rights is the first time the “notwithstanding” clause has been exercised in this way in Canada. We look forward to your ruling on this matter of privilege.