The Mark Carney Liberal government has announced sweeping changes to Section 107 of Canada’s Labour Code to restrict the right of workers to strike as part of the omnibus Bill C-39 introduced on Sept. 21. Like many across the country, the New Brunswick Federation of Labour is appalled by these changes. If passed, Canada’s Minister of Labour will have the power to intervene and end strikes at their sole discretion, without any legislative oversight.
Although this debate is happening in Ottawa, the stakes couldn’t be higher for workers in New Brunswick. If the federal government makes these changes, provinces across Canada will look to pass similar anti-worker laws. Workers across New Brunswick fought and sacrificed for the rights we enjoy today. Whether it was longshoremen in Saint John fighting for a 10 hour work day more than 150 years ago or recently coming together against the privatization of school library services and large animal veterinary services, we continue to follow in the footsteps of those who came before us to defend our rights.
The government’s changes are unconstitutional and will not bring labour peace. If the government wants to avoid strikes, it needs to create an environment that encourages employers to bargain in good faith. Section 107 eliminates any incentive for employers to bargain fairly. We saw this with Air Canada flight attendants, where the employer allowed negotiations to fail as a pretext for government intervention. These changes will enshrine the Labour Minister’s power to erode workers’ rights for the duration of this government, and all future governments. Several unions are challenging the government’s interpretation Section 107 in the courts.
Workers still believe in a Team Canada approach, and now we need the government to step up. Canada is facing an unprecedented crisis. Since day one of the trade war, workers have done their part. Sadly, the government is tilting the scales further against workers, prioritizing shareholder profits over family budgets. While workers have sacrificed repeatedly, throughout the pandemic and now during this trade war, corporations continue to bring in record profits.
But it doesn’t have to be this way. Although the proposed changes represent a line in the sand, there is still time for the government to step back from the brink. New Brunswick has six Liberal MPs. They did not campaign on repealing the charter rights of workers or making working families poorer. Workers need to make sure that our MPs hear us loud and clear: “we say no to denying workers their constitutionally-protected right to strike”
Chris Watson is the president of the New Brunswick Federation of Labour.
