Bill 115 Charter Challenge Remedy

In 2012, the Liberal government of the time had concluded negotiations with OECTA, and then proceeded to pass Bill 115, which required all outstanding teacher bargaining to result in deals that were "substantively identical" to the OECTA deal. This obviously violated a number of Charter rights, which the courts affirmed in 2016. At that time, a decision on the remedy was deferred to allow the parties time to try to negotiate a settlement and go through a mediation process. Ultimately, the decision on remedy was referred back to the trial judge, Justice Lederer. We finally received a remedy decision on February 1, 2022.

The remedy totaled $103.1 million dollars awarded to ETFO, with those funds to be divvied up amongst members according to processes laid out in the remedy document. While $103.1 million is much less than what the government saved by imposing the contracts, Justice Lederer took into account various mitigating factors such as what kind of bargaining results we could have reasonably expected, and what we've achieved in the meantime.  This remedy is essentially to make reparations to us for having our Charter rights trampled.

All remedy information will be coming from ETFO Provincial, and you can find an FAQ and further details here: