Ontario's Prevention of Unionism Act

Go to: THE STEWARD of Canada

INTERNATIONAL EXPERTS CONDEMN ONTARIO'S PREVENTION OF UNIONISM ACT By Roy J. Adams, Chair Society for the Promotion of Human Rights in Employment adamsr@mcmaster.ca International experts affirm that Ontario's Bill 22, the Prevention of
Unionization Act, offends international human rights standards and is
contrary to the letter and spirit of interntional labour law. The bill,
which explicitly forbids workfare recipients to join a union, to bargain
collectively and to strike was introduced into the legislature on May
14th and began second reading on May 28th.

According to Jack Donnelly, Andrew W. Mellon Professor, Graduate School
of International Studies, University of Denver author of several books
on international human rights standards and acknowledged as one of the
world's top experts on the subject, "this bill is one of the clearest
violations of international norms that I have ever seen in a country
typically considered to be democratic." Donnelly is one of the several
hundred petitioners who have sent notes to the government asking it to
drop Bill 22. Other signatories are Bob Hepple, Professor of Law and
Master of Clare College, Cambridge, generally considered to be one of
the world's top international labour law scholars and Pierre Verge,
Distinguished Professor of Law at Laval University and a member of the
Royal Society of Canada.

According to public statements made by the Minister of Community and
Social Services, Janet Ecker and her Parliamentary Assistant, Frank
Klees, the Bill does not forbid workfare recipients from joining the
union so long as that union does not attempt to influence the workfare
process. This interpretation, however, is inconsistent with
international norms and obligations. In response to a request for an
assessment of Bill 22 by experts at the International Labour
Organization, Society for the Promotion of Human Rights in Employment
chairperson, Roy J. Adams, received a memo summarizing the language and
jurisprudence under Convention 87 on Freedom of Association. Although
ILO protocol would not allow the officials to comment directly on Bill
22, the memo contained the following statements:

"Article 2 of Convention No. 87 clearly states that ‘workers and
employers, without distinction whatsoever, shall have the right to
establish, and, subject only to the rules of the organization concerned,
to join organizations of their own choosing without previous
authorization.' The scope of the provision is extremely broad, applying
to all workers and employers. The only exception permitted is found in
Article 9, namely the armed forces and the police."

"With respect to the right to bargain collectively, the Committee on
Freedom of Association has stated that ‘the right to bargain freely with
employers with respect to conditions of work constitutes an essential
element in freedom of association...' The only exceptions permitted to
this principle are again the police and armed forces, as well as public
servants engaged in the administration of the State (which is normally a
very narrow group of public servants)."

"Finally, concerning the right to strike, this right has been found to
arise out of the right of workers' organizations to organize their
activities, and to further and defend the interests of workers, pursuant
to Articles 3 and 10 of Convention No. 87... The right can be restricted
or even prohibited again with respect to the police and armed forces and
also in case of an acute national crisis, in essential services (as
narrowly defined by the supervisory bodies) or with respect to public
servants engaged in the administration of the State. All other
categories should be entitled to strike to defend their social and
economic interests."

These statements make it absolutely clear that Bill 22 is a violation of
international human rights standards and offends against Canada's
international obligations. It is also almost certainly a violation of
the federal Charter of Rights and Freedoms which contains an explicit
reference to Freedom of Association.

The Society for the Promotion of Human Rights in Employment is an
international organization with its headquarters in Canada. Its mission
is to promote awareness, understanding and respect for human rights in
employment which include, but are not limited to, freedom of
association, the right to organize and bargain collectively, and
protection against child labour, forced labour and discrimination in
employment. According to the international consensus each of these
rights are fundamental and entitled to equal respect.

For further information contact

Roy J. Adams, Chair
Society for the Promotion of Human Rights in Employment
Box 332, McMaster University, Hamilton, Ontario, L8S 1C0
905 525 9140, ext 23965
adamsr@mcmaster.ca

Julie Gordon
905 527-3981

Bernard Adell, Professor of Law, Queen's University
613-545-2220 x4256

Jack Donnelly
Professor of International Studies, Universtiy of Denver
303 871 2563

Prevention of Unionism Act Violates Universal Declaration of Human Rights By Roy J. Adams, Chair Society for the Promotion of Human Rights in Employment adamsr@mcmaster.ca

On May 14 the Ontario Government introduced a bill into the legislature that is one of the most blatant violations of human rights standards that I have ever seen. It explicitly forbids workfare recipients to join a
trade union. Here is the specific language of the act "no person shall do any of the following with respect to his or her participation in a community participation activity:

1. Join a trade union
2. Have the terms and conditions under which he or she participates
determined through collective bargaining
3. strike"

Maybe I am an alarmist but it seems to me that if this government is able to get away with such a frontal assault on fundamental human rights it will open the floodgates for others to do the same. As things now stand even non-democratic governments defer to the international human rights consensus but if a government in a country generally considered to have a high level of democracy can ignore that consensus then more will be encouraged to do the same. So, it seems to me that this is a very serious issue not just for Ontarians or Canadians but for all of those who support and cherish the international consensus. The situation calls for
a loud, large and immediate response.

Enclosed below is a petition that I have been circulating. Please consider sending it off to the Ontario PC Party with a copy to me. Please also pass it on as widely as possible.

Click here to View and Print Petition.

"NO REGULATION WITHOUT REPRESENTATION"
Thanks for your support and assistance.
Roy J. Adams, Chair
Society for the Promotion of Human Rights in Employment
http://www.business.mcmaster.ca/hrlr/profs/adamsr/index.htm
Box 332, McMaster University
Hamilton, Canada, L8S 1C0
tel: 905 525 9140, ext 23965
fax: 905 521 8995
email: adamsr@mcmaster.ca

Tory Bill Violates Basic Human Rights by Roy J. Adams Emeritus Professor and past Director, McMaster University's Theme School on International Justice and Human Rights (published in the Toronto Star, 22 May 1998) adamsr@mcmaster.ca

When I read the first newspaper report I was skeptical. It stated that a
bill introduced on May 14, 1998 into the Ontario legislature would "block
people on workfare from joining trade unions." Under the legislation the
article went on to say "No one on workfare could sign a union card, be
covered by a collective agreement or go on strike." I thought that those
statements must be incorrect.

Most likely what has happened, I thought to myself, is that the government
has removed those on workfare from the coverage of the Ontario Labour
Relations Act as it did recently with school principals. If that were the
case, those involved would not be able to make use of legal procedures and
protections which would make it very difficult to unionize. But, even
though the press often reports that people not covered by the Act such as
farmworkers, managers and many professionals are precluded from
unionizing, that isn't technically correct. For example, principals have
gone on to set up their own organizations and have, outside of the
coverage of the Act, begun to establish relationships with school boards
across the province.

Doubtfully, I accessed the Ministry of Community and Social Services
webpage. There was a news release with information on the "Prevention of
Unionization Act." I was horrified at the title - like one might be when
coming onto something like An Act for the Eradication of Jews, Tutsis,
Hutus, Croats, Serbs, etc. According to the news release, the Act would
provide that "under the Labour Relations Act, participants in a community
activity shall not join a trade union, bargain collectively or strike with
respect to their community participation under Ontario Works."

Rocked by these terms but still too incredulous to be entirely convinced I
called the Ministry and requested a copy of the specific language in the
bill. Section 2 read:

"...under the Labour Relations Act, 1995 no person shall do any of the
following with respect to his or her participation in a community
participation activity:
1. Join a trade union
2. Have the terms and conditions under which he or she participates
determined through collective bargaining.
3. Strike."

My skepticism faded while my horror deepened. Freedom of Association has
been well established as a fundamental human right for at least 50 years.
It is prominently referred to in the Universal Declaration of Human
Rights. Its status as a basic human right was reaffirmed in the Covenants
of the United Nations adopted in the 1960s. It is referred to as a
fundamental democratic right in the constitution of the International
Labour Organization, the specialized UN agency that deals with labour
matters. It recently received additional reaffirmation and support in the
Vienna Declaration of the World Conference on Human Rights signed by
representatives of over 170 countries in 1993, by statements issued
recently by such diverse international organizations as the World Trade
Organization, the International Organization of Employers and by the
Organization for Economic Cooperation and Development. Not least, it is
embedded in Canada's national Charter of Rights and Freedoms.

As recently reitterrated by Michel Hansenne, Director General of the
International Labour Organization, Freedom of Association is "one of the
ILO's most fundamental human rights conventions." The convention affirms
"the right to organize for all workers and for all employers, without
distinction whatsoever."

The pros and cons of workfare and the strategies of unions to oppose it
are irrelevant to this issue. The Prevention of Unionization Act in its
conception and choice of terminology is a frontal assault on the
fundamental building blocks of democratic society. As the Vienna
Declaration asserts "All human rights are universal, indivisible and
interdependent and interrelated." Denial of any one places the entire
structure in jeopardy. From that perspective this action by the Ontario
government is in the same class as arbitrary imprisonment, torture and
murder. It a threat to our democratic way of life. We must be outraged by
it and do what we can to stop it.

Roy J. Adams McMaster University tel: 905-525-9140, ext 23965 Hamilton, Canada fax: 905-521-8995 L8S 4M4 email: adamsr@mcmaster.ca web: http://www.business.mcmaster.ca/hrlr/profs/adamsr/index.htm "NO REGULATION WITHOUT REPRESENTATION"

Ontario Government Press Release Government Introduces Act to Prevent Unionization of Ontario Works Participants

Back to THE STEWARD of Canada