Laurentian University’s faculty association has launched a Charter challenge against the Ford government, accusing it of interfering with collective bargaining.
The dispute is over a loan agreement the association has with the school that does not permit pension changes. When bargaining talks began earlier this year, “it very quickly appeared that there were barriers from the administration in regards to the full negotiations of pensions,” Fabrice Colin, president of the Laurentian University Faculty Association, said Monday.
“That is why we filed a challenge under the Charter of Rights and Freedoms — the right to a collective bargaining process free from government interference.”
In 2021, Laurentian became the first public post-secondary institution in the country to turn to the courts under the Companies’ Creditors Arrangement Act (CCAA) to address its financial struggles; at the time, it didn’t even have enough money to cover payroll. That ultimately led to restructuring, which included cutting hundreds of jobs and programs and imposing a contract on faculty.
Colin said a subsequent loan agreement between the government and the Sudbury-based school to help keep it afloat — that expires in 2038 — “came with strings attached.”
Members “have made it really clear that they want our pension to be out of the management of Laurentian University” and would prefer a jointly sponsored plan, he said.
Bianca Giacoboni, press secretary to Colleges and Universities Minister Nolan Quinn, said in a statement that “from the beginning, our government was there for students in northern Ontario by supporting Laurentian University following their decision to file for insolvency in 2021.
“As they emerged from the CCAA process, we provided a long-term loan to Laurentian University based on their ability to achieve financial sustainability and maintain operations. This agreement is in place until 2038 to support the institution’s accountability, transparency and financial discipline while ensuring minimal disruption to students.”
Colin called the CCAA “the gift that keeps on giving.”
The Canadian Association of University Teachers and the Ontario Confederation of University Faculty Associations plan to seek intervenor status in the challenge.
The federal government has since passed legislation banning any other public university from being able to use the Companies’ Creditors Arrangement Act, as Laurentian did, or the Bankruptcy and Insolvency Act.
In a statement to the Star, a spokesperson for Laurentian University said “the concerns raised by the faculty association would have to be addressed by the courts. As a result, Laurentian is not in a position to comment on them any further.”
