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Doug Ford surprised many when he tried to invoke the notwithstanding clause to prevent judicial review of Bill 28, the Keeping Students in Class Act,

Doug Ford surprised many when he tried to invoke the notwithstanding clause to prevent judicial review of Bill 28, the Keeping Students in Class Act, which would have unilaterally imposed a contract on education workers and made it illegal for them to go on strike. What do you think Ford was so afraid of? Based on your knowledge of leading s. 2(d) cases such as Health Services and Support - Facilities Subsector Bargaining Assn. v. British Columbia and Saskatchewan Federation of Labour v. Saskatchewan, what arguments do you think the union's lawyers might have used to challenge Bill 28 if Ford hadn't tried to invoke the notwithstanding clause and/or backed down in the face of the workers' resistance?

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