The Ontario Nurses' Association (ONA) announced on May 12, 2026, that it is launching a constitutional challenge against a provincial law that prevents nurses from striking or taking any job action during the bargaining process. The challenge targets the Hospital Labour Disputes Arbitration Act, which ONA argues violates nurses' rights under the Canadian Charter of Rights and Freedoms.
ONA President Erin Ariss stated that the law forces nurses into binding arbitration, effectively silencing their voice in contract negotiations. 'Nurses are essential, but that doesn't mean they should be denied fundamental rights,' Ariss said in a press release. The union represents over 68,000 registered nurses and health-care professionals in Ontario.
Hospitals have expressed concern, calling the challenge 'deeply troubling' and warning it could disrupt patient care. The Ontario Hospital Association has not yet commented on the legal specifics but emphasized the need for stability in the health-care system.
The case is expected to be heard in the Ontario Superior Court later this year. Legal experts note that similar challenges have been successful in other provinces, such as Saskatchewan, where the Supreme Court of Canada ruled in 2015 that essential services legislation must not unduly impair collective bargaining rights.
