Bill C-59 Constitutional Challenge Update:
The Institute, CAPE and a number of other unions had filed a motion for injunctive relief with the Ontario Superior Court of Justice seeking to prevent the implementation of Division 20 of Bill C-59. The motion was scheduled to be heard on October 29, 2015. The Court had directed that, if the government intends on exercising those powers prior to the motion being heard, it had to give the Court and applicant unions 5 working days’ notice.
On Friday, all parties, including the Attorney General, consented to adjourn the hearing of the motion until March 1 and 2, 2016. The condition compelling the government to give the court and applicants a 5-day notice in the event they plan on using the powers conferred to the Treasury Board continues to apply. The applicants have until February 15, 2016 to file their reply factum.
The PIPSC/CAPE et al. Factum can be viewed by clicking here.
The PSAC Factum can be viewed by clicking here.
The Attorney General’s Factum can be viewed by clicking here.