INDEPENDENT OPINION ON THE OMA’s APPROACH TAKEN TO THE CHARTER CHALLENGE
Members have asked for an independent opinion on the OMA’s approach taken to the Charter Challenge. Attached is an opinion from Mr. Andrew Lokan, one of Canada’s senior and most experienced constitutional lawyers. We hope doctors will find this opinion to be both helpful and informative.
The Coalition engaged Mr. Lokan to provide an independent opinion in response as a follow-up to information contained in Dr. Walley’s September 26th letter in which she made a number of assertions about the OMA’s handling of the Charter Challenge.
Mr. Lokan’s response includes a number of comments that members should be aware of. Notable among them are:
- The OMA’s timeframe of a projected hearing date is “unusually long”. 18-20 months is the norm
- Affidavits are normally part of the public record especially in Charter challenges due to their public policy nature
- Walley neglected to mention that the involvement of the OMA lawyers in other constitutional challenges was on behalf of government interveners who were opposing the union’s case. The Supreme Court judgment ruled in favour of the union
Coalition of Ontario Doctors
Click on this link to read the full letter or by clicking on the images below: