Official Hansard
Madam Speaker, I rise this evening to speak to Bill C‑247, which seeks to repeal section 107 of the Canada Labour Code. First, the right to strike, and we need to call it that, is a fundamental right that is recognized by the courts and that is protected by freedom of association. The Bloc Québécois believes that this right must never depend on the political goodwill of a federal government. I remind members that Bill C‑247 seeks to repeal section 107 of the Canada Labour Code. This section gives the Minister of Labour extremely broad powers to intervene in labour disputes in the federal jurisdiction. The minister can go so far as to ask the Canada Industrial Relations Board to intervene or impose any measures the minister considers necessary. The main issue is that there are practically no clear guidelines in the legislation at this time. I will begin by explaining a little more about what the bill would change. I will then provide some numbers. Lastly, I will remind members of our historical position. First, with respect to section 107, there are no strict criteria tied to public health, national security or an exceptional emergency. This opens the door to political interference in strikes that are, in fact, lawful. A strike is often the last resort for workers after months or sometimes years of negotiations. If the government can intervene as soon as the pressure gets intense, the right to strike becomes meaningless. A strike only carries weight when it creates real economic pressure. If employers believe that Ottawa will eventually intervene, why would they negotiate quickly? Why would they make compromises or concessions at the bargaining table? As a result, the existence of section 107 directly alters the balance of power between employers and workers. It encourages employers to stick to their guns rather than bargaining in good faith. The Bloc Québécois believes that disputes should be resolved at the bargaining table first, not in ministerial offices and not through premature political intervention. Historically, section 107 has existed since 1984, but it was rarely invoked. What is concerning today is the rapid increase in its use. Just since 2024, Ottawa has used section 107 to intervene in at least seven major labour disputes. My colleagues have already cited recent examples in their remarks, including WestJet, CN, CPKC and Air Canada. The noteworthy thing about the dispute at Air Canada is that it was about unpaid work, which disproportionately affected female flight attendants. Other examples include the ports of Montreal, Quebec City and Vancouver, as well as Canada Post. What was intended to be an exceptional power has effectively become a standard tool for managing labour disputes. Take Canada Post, where more than 55,000 workers were affected by the dispute. Small and medium-sized businesses pegged their economic losses at approximately $76 million per day. Yes, these disputes have a significant impact on the economy. They are a source of concern among businesses and citizens. However, when a government limits a fundamental right, it should always do so openly, in front of Parliament. For a long time, when a government wanted to end a strike, it had to introduce special back-to-work legislation. This entailed a public debate, a vote by elected officials and political accountability. Section 107 circumvents this debate, this democratic process, by employing a much more low-key administrative mechanism. Many labour organizations have been complaining about this situation for years. In their view, section 107 makes it possible to suspend or neutralize a lawful strike without any real parliamentary oversight. A number of lawsuits have also been filed challenging the constitutionality of these interventions. There are even some labour law experts who hold that the right to strike is an integral part of true collective bargaining. If that right can be suspended too easily, it throws negotiations off balance, not to mention the obvious problem of creating a double standard. Prolonged lockouts, aggressive management strategies and refusals to compromise are often tolerated. However, as soon as workers effectively exercise their right to strike, Ottawa takes swift action, as if the problem were always the union, as if the right to strike were an economic obstacle and not a fundamental democratic right. The Bloc Québécois believes that true balance must be restored to labour relations. Repealing section 107 does not mean that the government loses all its tools. The minister will still be able to appoint mediators, use conciliation, support negotiations and establish commissions of inquiry. If an exceptional intervention is truly necessary, the government can still introduce special legislation in Parliament, but it will then have to publicly defend that decision to elected officials and the public. That is what parliamentary democracy is all about. That is how the process should work. Bill C-247 aims to protect a fundamental right, limit a ministerial power that has become excessive, strengthen collective bargaining, and return negotiations to where they belong, that is, between employers and workers. We often say this that the best agreement is always one that has been negotiated rather than imposed by force. For the Bloc Québécois, defending the right to strike means defending workers' dignity, freedom of association, and the balance of power in labour relations. Let us look at some statistics and key points to drive home our message. As we know, there has been a recent surge in the use of section 107. Some would even go so far as to say that this section has been weaponized and has become an obsession for the Liberals. Section 107 has been around since 1984. For decades, it was used only very rarely. According to several legal and union analyses, its use has skyrocketed since 2024. As I mentioned earlier, the federal government has intervened in at least seven or eight major labour disputes by invoking section 107. Think about the major disputes where the government has invoked section 107: WestJet, Canadian National, Canadian Pacific Kansas City, the port of Montreal, the port of Quebec, the port of Vancouver, Air Canada, Canada Post. Take the WestJet dispute, for example. According to CUPE, in June 2024, the government attempted to invoke section 107 even before the strike at WestJet had actually begun. Crucially, when the Canada Industrial Relations Board did not immediately suspend the strike, the employer quickly returned to the negotiating table. A court ruling forced them back to the negotiating table. Ultimately, an agreement was reached swiftly once the parties returned to the table to talk. It is important to bear in mind that these disputes have economic repercussions. As I have already mentioned, 55,000 workers were involved in the dispute at Canada Post. That is not insignificant. Canadian small businesses were deeply affected and pegged their losses at $76 million a day during the strike. We fully understand why they were worried. Negotiations needed to resume. The parties had to get back to the negotiating table. We are saying that there is a way to do better in terms of bargaining. The best way to resolve a labour dispute is with a framework where disputes are resolved at the table, there is no premature political intervention, the right to strike carries its full weight, and the parties are genuinely encouraged to reach an agreement. The Bloc Québécois is acting in accordance with its historical position. I know that my colleague from Lac-Saint-Jean is here. One of our former leaders, Gilles Duceppe, was a trade unionist. More recently, we had another trade unionist on our team, Louise Chabot, whom I acknowledge. This is part of our DNA, and we continue to hold those traditional positions. Section 107 makes it possible to circumvent parliamentary debate on back-to-work legislation and intervene directly in a dispute by suspending a perfectly lawful strike or rendering it meaningless. As we said, repealing this section would not leave the minister with no other recourse. The minister would still have all the mediation and conciliation powers provided for elsewhere in the Canada Labour Code. This would force the minister to play a more traditional role during labour disputes, in other words, facilitating and supporting negotiations, suggesting solutions and exerting political pressure, rather than directly short-circuiting a lawful strike by issuing a broad directive to the Canada Industrial Relations Board. This change is important. That is why we support this bill, out of respect for workers' rights and in keeping with the historical positions of the Bloc Québécois.
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