Ontario’s education minister grants himself the power to block lawsuits
By Melanie Bennet for True North, published by Juno News
The government of Ontario has granted itself the power to block lawsuits against four major school boards under supervision, raising serious questions about access to justice and the separation of powers in the province.
In Brief by Probe Media
The Ontario government has quietly empowered Education Minister Paul Calandra to block lawsuits against four major school boards under provincial supervision, bypassing legislative debate by invoking the Education Act.
School boards, as provincially controlled entities, now require ministerial approval for lawsuits under the Order in Council, which allows the province to veto legal action against itself. This creates a glaring conflict: the accused government branch holds unilateral power to permit or deny challenges.
Legal experts warn this erodes judicial oversight and citizens’ access to justice, citing risks to Charter rights and democratic accountability.
Bruce Pardy, law professor and founder of Rights Probe, told True North that the implications are far-reaching.
“Two parts of the managerial state are fighting with each other. Cabinet is taking away control from the board. But the board is a creation of the province. The problem is, cabinet is not just taking control from the board. It’s also trying to cancel legal rights of Ontario citizens for wrongs the board may have committed.”
Pardy highlights systemic threats.
“The Order-in-Council effectively cancels legal rights of Ontario citizens by subjecting them to the permission of the minister,” he said. “What if, for example, someone is suing the Board for breaching the Charter? After all, the Education Act does not invoke the Notwithstanding Clause.”
Officials haven’t clarified why they rushed the Order’s implementation instead of waiting for Bill 33 (Supporting Children and Students Act, 2025), nor whether the lawsuit-blocking authority will remain limited to four boards, raising fears of expanded authoritarian precedent in governance.
See the original version of this report at the publisher’s website here [Paywall]
Follow our journey.
Subscribe to our newsletter: rightsprobe@protonmail.com
