Should the government be able to order the return to work of the strikers?

Marc Boudreau is lawyer in labor law. According to him, this dispute creates a dangerous precedent. He refers in particular to the invocation (new window) of article 107 of the Canadian Labor Code by the Federal Minister of Employment, Patty Hajdu.

The latter asked the Canadian Council for Industrial Relations to impose a return to work on Saturday, in addition to enforceable arbitration, a necessary measure, according to it, to ensure the movements of essential passengers and cargoes, such as medicines or organs.

Me Boudreau does not think that the use was valid in such circumstances.

The tags have been established (new window) By the Supreme Court in 2015 where it was confirmed that the right of association, and by extension the right to strike, was a fundamental right that a government could not burn or prevent, except in very specific casessays Me Boudreau.

According to him, to invoke article 107, the health and safety of the population must be in danger.

The economic impact, so great can be, is not relevant here. So we shouldn’t intervene.

Me Boudreau adds that some exceptional cases, such as a passenger stuck in Cuba who does not have his medicines, are not sufficient to justify the use of article 107.

A dangerous precedent

The liberal governments of Justin Trudeau and Mark Carney have invoked article 107 of the Canadian Labor Code for 2024, in the rail sectors on the Canadian Code in the Railway Code. (new window)port (new window) as well as Canada Post (new window)last December.

Me Boudreau fears that employers will see additional power in their negotiations with the unions.

It is probably instrumentalized by several employers who say “I have no interest in sitting at the negotiating table, I will ask the government to use article 107 and to burn the fundamental rights of union members”, suspects Boudreau. We are totally upsetting the rules of labor law. […] It is a gesture that should be declared unconstitutional by the courts.

The vice-president director of the Canada Labor Congress, Larry Rousseau, is of the same opinion.

Collective negotiation would be a dead in Canada if large employers knew that, as soon as there is an economic problem, the government could simply invoke article 107.

An increased need for intervention

The lawyer in labor law Sundeep Gokhale can understand why the government has considered the return to work of necessary on -board agents.

Due to the current state of the economy, it did not want one more impactsuppose M. Gokhale.

Former Federal Minister for Transport Lisa Raitt abounds in the same direction. When Stephen Harper was in power, his government also chose (new window) to intervene during a strike by Air Canada employees. The fact that the current government wanted to intervene seems logical to it.

Given the current economic circumstances and the trade problems we encounter, I can understand why the federal government wanted to make sure that planes can continue to fly. […] Strikes slow down to the point where the normal business course can no longer continue.

A victory for union members

The members of the union affiliated to the Canadian Public Service Syndicate (SCFP) are the only ones to have challenged the Canadian Industrial Relations Council order for decades.

Me Boudreau believes that the gesture reflects the dedication of unions in such work conflicts.

People want to defend TEC and nail of extremely important rights that are planned in the Charter and I think that Air Canada, the Minister and the members of the Canadian Industrial Relations Council were surprised by that. […] I have the impression that the government will think twice before using article 107 of the Canadian Labor Code another time.

Political scientist Thomas Collombat also sees an advance for unions across the country.

The conflict has highlighted the abusive character of section 107, he believes. He very quickly generated extremely strong solidarity of other union organizations [….] and also in public opinion.

Moreover, Marc Boudreau does not expect the union or the on -board agents to be penalized for their refusal to comply with the order.

When you governing a strike, usually you agree not to take disciplinary measures against employees, he said. If the employer or parties insisted on having sanctions, it would risk creating problems.

With information from Andréane Williams and CBC