On Monday, the Liberal government introduced Bill C-39 into the House of Commons. They claim the legislation is aimed at strengthening the Canadian economy, but unions warn that parts of the bill undermine labour rights that are enshrined in the Charter of Rights and Freedoms.
Bill C-39, or the Building Canada Strong Act, is a sweeping piece of omnibus legislation that the government of Mark Carney says will jumpstart the economy by helping to fast-track so-called projects of national interest.
The legislation also significantly changes the Canada Labour Code.
According to the government release, Bill C-39 will “Modernise the federal labour framework and strengthen protection for workers in federally regulated industries.”
However, the legislation further codifies and entrenches section 107 of the Labour Code, a part of the Code that unions have long opposed.
As it exists now, section 107 can be used by the Labour Minister to end a strike if it is deemed to harm the national interest.
Section 107 was previously used by Mark Carney’s government last summer in an attempt to end the Air Canada strike. That attempt was successfully opposed by the labour movement.
Prior to that, Justin Trudeau had used section 107 to end a strike by CN rail workers and another strike by Canada Post employees.
Bill C-39 would amend section 107 to codify and expand the circumstances under which a Labour Minister can end a strike or lockout.
At the minister’s discretion, they could end a labour strike if they deem it as significantly disruptive to the Canadian economy, causes significant social disruption or, impacts freedom of association.
Under section 107, not only can a Labour Minister direct the Canada Industrial Relations Board (CIRB) to end a strike, they can also extend an existing collective agreement, or force parties into binding arbitration.
‘Whose interests are being protected here?’
The labour movement has been calling for the repeal of section 107 of the Labour Code.
READ MORE: NDP and unions continue to push for repeal of section 107 of the Labour Code
Labour unions were quick to condemn the expansion of section 107 as is being proposed by Bill C-39, calling it an attack on workers’ Charter protected rights.
“Gutting hard-won rights and protections for Canada’s workers will not help this government deliver certainty – it will do the opposite,” said Canadian Union of Public Employees National President Mark Hancock. “Let’s be clear: we will not win this trade war or make Canada stronger by stripping away the Charter rights of our own people.”
Union leaders say that as written, the bill gives the Labour Minister far greater unchecked power to end a strike and impose bargaining on workers.
“Whose interests are being protected here – those of corporations or workers? This process risks entrenching pre-emptive government intervention and creating a system where workers’ rights can be stripped away based simply on where they work,” said Unifor Quebec Director Daniel Cloutier.
The Canadian Labour Congress (CLC) warned the federal government that these changes would take away the incentive of employers to negotiate in good faith at the bargaining table, due to the belief that the Labour Minister will simply send the dispute to binding arbitration under section 107.
“Workers are on Team Canada. Our elbows are up. But we cannot defend Canada with our hands tied at the bargaining table,” said CLC President Bea Bruske.
“A right you cannot exercise is not a right,” said Bruske. “Canada’s unions fought for the right to strike, and we will fight to defend it.”
Bill C-39 did include some legislation that unions applauded including protections from wage theft and contract flipping, and more resources for the CIRB.
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