Governments Increasingly Use Rare Legislation to Quash Labour Strikes in Canada

Strategic Insights -

Unions and labour experts have warned about a growing trend of governments using obscure sections of the law to undermine workers' leverage in collective bargaining, a tactic that has been used at least 10 times in under three years by both Conservative and Liberal governments at various levels. The most recent example took place in Alberta, where the government passed a back-to-work bill forcing 51,000 school teachers back to the classrooms without allowing them to challenge the legislation in court. Experts claim that this trend has eroded the labour movement's bargaining power and that there is little it can do to stop governments from using these tactics.

Key Takeaways:

  • Since June 2024, the Canadian government has used Section 107 of the Canada Labour Code eight times to end strikes of postal workers, port workers, railway workers, flight attendants, and WestJet mechanics.
  • The use of Section 107 and the notwithstanding clause, which allows a government to override certain constitutional rights, constitutes a direct attack on unionized workers.
  • Experts argue that the government's use of rare clauses of the law to end strikes is a response to the 2015 Supreme Court decision that enshrined the right to strike as part of the Charter.
  • Approximately a third of Canada's labour force is unionized, and a majority of those workers (75%) are employed in the public sector.
  • Governments have been using legislation to restrict strikes, which has been effective at putting an end to work stoppages.
  • Unions will have to figure out a long-term strategy for dealing with governments that unilaterally crack down on strikes.

Statistics:

  • At least 10 times in under three years, governments have used rarely used pieces of legislation to quash labour strikes in Canada.
  • Eight times since June 2024, the Canadian government has used Section 107 of the Canada Labour Code to end strikes of postal workers, port workers, railway workers, flight attendants, and WestJet mechanics.
  • Approximately 33% of Canada's labour force is unionized.
  • 75% of unionized workers are employed in the public sector.

Sources:

  • Charles Smith, a professor of political science at the University of Saskatchewan
  • Larry Savage, a professor of labour studies at Brock University
  • Michael Lynk, a law professor at the University of Western Ontario
  • David Doorey, a law professor at York University's Osgoode Law School
  • Globe and Mail article on "Governments Increasingly Use Rare Legislation to Quash Labour Strikes in Canada"