Expenditure Restraint Act Declared Unconstitutional :: Association of Justice Counsel News
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November 2nd, 2011
November 2nd, 2011

Expenditure Restraint Act Declared Unconstitutional

In a landmark ruling yesterday, the Ontario Superior Court of Justice struck down salary caps which had applied to federal lawyers and prosecutors stretching back to 2006 under the Expenditure Restraint Act.

The AJC, who brought the constitutional challenge, argued that the ERA substantially interfered with their membersī right to collective bargaining by imposing rigid wage controls, which triggered a violation under s.2(d) of the Charter.

The Court agreed, and went further by concluding that the violation could not be justified under s.1 of the Charter insofar as the wage controls reached back to 2006, which affected AJC members uniquely in that this period marked the beginning of their first ever collective agreement.

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