CITATION: R. v. Duffy, 2016 ONCJ 220 ONTARIO COURT OF JUSTICE BETWEEN: HER MAJESTY THE QUEEN — AND — MICHAEL DENNIS DUFFY

CITATION: R. v. Duffy, 2016 ONCJ 220 ONTARIO COURT OF JUSTICE BETWEEN: HER MAJESTY THE QUEEN — AND — MICHAEL DENNIS DUFFY






Before Justice Charles H. Vaillancourt


Heard on April 7-10, 13- 17, 20-24, 27-29, May 4-8, June 1-5, 8-12, 15-17,


August 12-14, 17-21, 24-25, November 19-20, 23, 25, 27, 30,


December 7-11, 14-18, 2015 and February 22-23, 2016


Reasons for Judgment released on April 21, 2016

Big CUPW Win in Court — 2011 Back-to-work Legislation Struck Down copy

Big CUPW Win in Court — 2011 Back-to-work Legislation Struck Down






Thursday April 28 2016


2015-2019/097


When back-to-work legislation cut off our collective bargaining in 2011, after the NDP filibuster in the House of Commons, after a frustrating round of bargaining with Canada Post Corporation, we knew our rights were being violated. We knew we were signing a collective agreement under duress, accepting conditions that we would have rejected if not threatened with such legislation.


As members, we all faced a difficult choice: ratify an agreement with diminished wages and working conditions, or submit to the Final Offer Selection arbitration process. This position was entirely created by the Harper government’s back-to-work legislation – free collective bargaining could not have brought us to such a moment.


So in October 2011 we filed a Canadian Charter of Rights and Freedoms challenge with The Ontario Superior Court, claiming that the Restoring Mail Delivery for Canadians Act violated our right to free expression. The decision was issued today: the court found that it did violate our rights, and was unconstitutional.


Sisters and brothers, we won – we are vindicated!


You can read the decision, attached. (Available in English only.)