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Labour bill will test limits of Ottawa's power to quash strikes: experts
The bill would let a minister order resumed operations or binding arbitration after considering a mediator’s report and a work stoppage’s impact on the national interest.
On Monday, the Liberals tabled Bill C-39, the Building Canada Strong Act, amending Section 107 of the Canada Labour Code to explicitly allow the labour minister to order work resumptions or binding arbitration when the 'national interest' is at stake.
Introduced in 1984, Section 107 has provided the federal government with a tool to intervene in labour disputes; the Liberals have recently used it to shut down strikes in rail, ports, and air transportation, prompting ongoing court challenges.
Employment and Social Development Canada spokesperson Maja Stefanovska claimed the changes establish 'clear guardrails,' yet labour expert Adam King disputed this, arguing the bill enhances ministerial power and calling it 'Section 107 on steroids.'
As of Thursday, the federal government had not published a Charter statement regarding Bill C-39's potential impact on workers' rights; Jobs Minister Patty Hajdu acknowledged there is no 'blanket answer' for defining the 'national interest.'
Expanding ministerial authority risks triggering legal challenges, Bethany Hastie of Queen's University warned, as the government must prove these interventions constitute a 'reasonable limit' on the constitutionally protected right to strike upheld by the Supreme Court in 2015.