Canadian Labour Congress vows fight over C-39's federal anti-strike powers
· Toronto Sun
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OTTAWA — Proposed legislation tabled in the House of Commons last week would give Canada broader power to shut down legal strikes than any other G7 nation, warned the Canadian Labour Congress.
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Tabled Monday, Bill C-39 — the Building Canada Strong Act — is the government’s bill designed to fast-track major infrastructure and “nation-building” projects by setting strict one-year caps on impact assessments and permit approvals.
But contained within the bill are sweeping powers allowing cabinet to summarily extend expired contracts, order striking workers back to work and force binding arbitration if the strike poses “significant adverse national impact.”
Strikes supposed to have economic impacts, CLC says
That’s caused Canadian labour groups to sit up and take notice , warning the broad powers contained within the bill would effectively end the legal rights of workers in certain industries to go on strike — powers unique among other G7 nations.
“A strike has an economic impact because that is how collective bargaining works,” Bea Bruske, president of the CLC, told the Toronto Sun.
“That pressure is what gives workers leverage and creates an incentive for both sides to reach a deal. Bill C-39 would give one minister extraordinarily broad power to end a legal strike based on their view of the national interest.”
A comparative legal analysis carried out by the CLC found no other G7 government has that kind of unilateral power to end legal strikes and impose binding resolutions, she said.
“ Even in the United States, intervention in a national-emergency strike requires a threat to national health or safety, court approval and is temporary,” she said.
“ Canada is in a trade war. We need workers and employers focused on protecting jobs, building what Canada needs and making our economy more resilient.”
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Canada’s powers would be unique
Indeed, Canada’s power to summarily end strikes is unique among G7 nations.
In France, the government is only able to intervene in legal strikes if there’s an urgent threat to public safety and the decision is subject to judicial review. Germany has similar policies, as does Japan — which can only intervene temporarily during mediation with rules forbidding imposed settlements and a 50-day maximum cap on government intervention.
Even the U.S. can only impose temporary injunctions of up to 80 days with court approval and no executive or presidential powers to impose settlements on workers.
Canada’s proposed rules would eschew judicial intervention altogether, leaving final decisions with cabinet without baked-in thresholds or time limits.
If Bill C-39 passes as is, the CLC intends to file complaints with the International Labour Organization’s Committee on Freedom of Association.
Weakening workers’ bargaining power, Bruske said, does nothing to strengthen supply chains or create labour stability.
“The government should be strengthening the conditions for workers and employers to reach fair agreements, not giving employers another reason to hold out and wait for government to step in,” she said.