Ontario Politicians Push to Ban Exercise of a Fundamental Human Rights

If my title ran in a major newspaper, it would no doubt catch people’s attention, who would wonder why Canadian politicians would want to do such a thing.  Imagine provincial and municipal politicians arguing in favour of eliminating the right to practice one’s religion.   Could you see that happening?
Yesterday, a bizarre spat took place between Premier McGuinty and Toronto Mayor David Miller in which the Premier of Ontario opined that the banning the right to strike of TTC workers should be made an election issue in the forthcoming municipal elections.  Not surprisingly, the Mayor told McGuinty to bud out of municipal affairs.  [Can anyone explain to me why the Province would need the City’s approval to ban TTC strikes anyways?  If McGuinty has suddenly changed his tune and now believes banning public sector strikes is a good thing, then why doesn’t he just pass the law?]
What’s interesting for us labour law people is that fact that Canada has ratified Convention 87 of the ILO, through which it has promised the international community and Canadians that it will protect a right of all workers to strike (except police and military), unless the strike would pose a real danger to the health and safety of the population.  Public transit does not fall within that exception, so that it is without doubt that a complete ban on strikes by subway and bus drivers would violate Convention 87.  The right to strike is considered a fundamental human right by the ILO, and by ratifying the ILO Convention, Canada has pledged its support for that principal. Moreover, the Supreme Court of Canada told us recently that ‘freedom of association’ in out Charter of Rights and Freedoms must provide “at least the level of protection” to workers as does Convention 87 (see B.C. Health Services, paragraph 70).
Seen through this lens of international law, then, isn’t it odd that politicians would be falling over one another to appear to be the champion of a law that would ban the exercise of a fundamental human right and put the Province of Ontario (once again) in violation of international law?  Or do you think that Ontario should disregard international, fundamental labour rights as long as enough voters approve?