🧵 Here’s a short thread explaining why the Ford government’s move today is history-making and extremely alarming. It’s DEFCON 1 for all workers. 1/
It is a fundamental right in Canada for workers to be allowed to form unions and to collectively bargain with their employer for their contracts. Withdrawing their labour (i.e., striking) is a protected action as well. 2/
By imposing a contract on CUPE education support staff, Ford’s Conservatives are denying them the right to bargain collectively. Dalton McGuinty’s Liberals tried the same move a decade ago and ended up having it overturned on the basis of violating the Charter. 3/
Knowing that this legislation would fail an inevitable legal challenge, Ford has invoked the ‘Notwithstanding Clause’ of the Charter of Rights and Freedoms (the constitution). This makes the law compliant with the constitution where it otherwise would not be. 4/
I am not a legal expert so I cannot say whether other legal options exist for CUPE, but at the very least their most significant legal avenue, and the one taken against McGuinty’s legislation has been closed off. 5/
This is important because it is the first time the notwithstanding clause has been used to limit labour rights. It would also be just the 21st time the clause has ever been legislated in its entire history (i.e., since 1982). 6/
There’s a whole other discussion about how the increasing use of the notwithstanding clause since 2018 threatens the constitutional foundations of Canada. But that’s not for me to get into. 7/
CUPE has now signalled that they will strike regardless of the legislation. This will be an illegal strike. How the Ford government responds is, for now, a mystery. However it will be enormously significant. 8/
The ‘probability space’ right now is so wide it has multiple time zones. Hopefully, the labour movement realizes that this opens the door to the complete destruction of their ability to bargain collectively, should the government so choose. 9/
This applies nationally, as all provincial governments and the federal government are able to make use of the notwithstanding clause. With a possible Poilievre prime ministership, this should terrify labour organizers. 10/
The thing is, labour has more power than the government. Working collectively, organized labour is the most powerful force in our society. Labour leaders must recognize this and plan accordingly. 11/
The very foundations of workers rights are under attack right now. Every element of labour needs to get together to protect their collective rights. This means a general strike. Every unionized worker off the job, in defence of our collective rights. 12/
This is the kind of mobilization we need. Not just for labour but for all the crises we are facing simultaneously. If we take the right action now, we will end up with the appropriate platform to address the climate crisis, the housing crisis, and everything else we’re facing.13/
This is a crisis in and of itself, but if we take the right actions now, this crisis could prove transformative and ultimately hopeful. If we fail to act, our descent into fascism is all but guaranteed. 14/
‘Defining moments’ don’t come often. When they do, we need to be ready to rise to the occasion, to take risks, and to stand up for what is right. This is a defining moment. We must be ready. /15
Workers of Ontario, of Canada, and of the world: Unite. 16/16
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