Canada Labour Code

Bill C-247, An Act to amend the Canada Labour Code · Second reading · now at second reading in the House Where it stands

What Bill C-247 would do

The bill would repeal the section of the Canada Labour Code that gives the Minister of Labour authority to act to settle industrial disputes. This would remove the minister's power to refer questions to the Canada Industrial Relations Board or order the board to take action. The published material gives no further detail.

Official text (opens in a new tab)

5 statements

Leah Gazan, Winnipeg Centre

NDP
“I want the House to pass this bill. It stops the government from forcing striking workers back to their jobs.”
Official Hansard

moved that Bill C-247, An Act to amend the Canada Labour Code, be read the second time and referred to a committee. She said: Madam Speaker, I would like to begin by expressing on behalf of the NDP our deepest gratitude to all the workers, unions and labour leaders who have voiced their support for this bill to repeal section 107 of the Canada Labour Code and uphold the right to strike. In just two years, the Liberals have used section 107 eight times, each time violating the Constitution and disrespecting the rights of millions of workers on whose backs our country runs. Members do not need to take it from me. We can ask the representatives of workers themselves. Bea Bruske, president of the Canadian Labour Congress, leads over three million workers across the country. Speaking on repealing section 107, she said, “No government should ever be able to strip workers of their right to free and fair collective bargaining. Canada’s unions will fight alongside the NDP to get this bill passed...and ensure that Canada’s labour laws protect workers, not undermine them”. Mark Hancock, national president of CUPE, said, “It’s hard to calculate the damage that’s already been done by this Liberal government repeatedly stepping in to take away the only leverage workers have at the bargaining table. It’s bad for workers’ livelihoods, and it’s bad for the constitutional rights of all Canadians. Section 107 has got to go”. The CLC, CUPE, CUPW, the United Steelworkers, Teamsters, PSAC, the ILWU and more are all standing in solidarity behind this bill to uphold the right to strike. This is the rule of law. One of the biggest outcomes of solidarity is that workers understand their rights. Let us talk about workers’ rights. In 2015, in its decision on the Saskatchewan Federation of Labour v. Saskatchewan hearing, the Supreme Court of Canada recognized that the right to strike is protected by the Constitution as an “indispensable” part of collective bargaining rights. It is no wonder the Liberals have continued issuing their back-to-work orders in backrooms with CEOs rather than out in the open and on record. They are afraid to leave evidence of their unconstitutional behaviour. Even Stephen Harper’s anti-worker Conservative labour minister said, regarding the use of section 107 to end strikes, “If you find a lawyer who can tell you that it’s possible...then I wish I had their advice 15 years ago. But as far as I’m concerned, you aren’t able to do that.” The issue goes beyond Canadian law. Just last week, the International Court of Justice issued a landmark ruling that “the right to strike of workers and their organizations is protected” under international law. Workers fighting section 107 in Canada are on the front lines of a global workers’ movement. I commend them and say, “Good on you.” I wonder whether the Liberals care, since they are so routinely turning their backs on international law, whether it is a violation of indigenous rights through Bill C-5, migrants’ rights in Bill C-12 or the right to peaceful assembly in Bill C-9. New Democrats know where we stand. It is with international law and with workers. We know that throughout Canadian history, and throughout the world’s history, workers exercising their right to strike have been absolutely critical for advancing human rights and economic empowerment. In fact, in my own riding of Winnipeg Centre, we had the Winnipeg General Strike, which was a legendary moment in our local history. Over 30,000 workers walked off their jobs in protest of exploitation and unfair wages, forcing governments to recognize their rights and helping unite workers’ struggles across Canada. This legacy has lived on through the far-reaching social progress achieved by the labour movement. Maternity leave was ensured in no small part by the 42-day strike in 1981 by the Canadian Union of Postal Workers, helping set the standard for maternity leave across Canada. That was the same Canadian Union of Postal Workers whose right to strike the Liberal government violated using section 107 in 2024. It is not surprising that the Liberals forget such important lessons when they have so routinely neglected the rights of women workers. We know that their failure to invest in a workforce strategy for child care workers, for example, is threatening women’s participation in the workforce. It is also plain that their application of section 107 has had deeply disturbing gendered impacts. Let us remember the most recent example, when CUPE flight attendants at Air Canada went on strike against unpaid labour. In a sector made up of mostly women and gender-diverse folks, it is simply sexist for Air Canada to assume unpaid work could continue to fly. However, when flight attendants exercised their legal right to strike, what did the Liberal Minister of Jobs and Families do? The minister shut them down using section 107 in less than 12 hours. Through you, Madam Speaker, I would ask the Liberal minister this: Was 12 hours enough time to consider the devastating consequences of forcing unpaid work onto so many workers, mostly women and gender-diverse folks, just to please the Air Canada CEO, the former one who had to resign? Was 12 hours enough time to decide in favour of threatening draconian fines on all those who dared to insist that they be paid for their work? It is proof of the senselessness of section 107 that flight attendants bravely refused the Liberal minister’s ridiculous back-to-work order and continued to fight for a fair deal, receiving a groundswell of support from over 80% of people across Canada. Section 107, we know, hurts workers everywhere. We know this from the example that breaking strikes hurts workers everywhere. Each time the Liberals invoke section 107, it tells CEOs across Canada that they can disrespect their workers’ rights because the government will come to rescue them when their bad-faith bargaining results in a strike. When former Air Canada CEO Michael Rousseau was asked why he had no plan in place for customers in the event of a strike, he told the whole world he did not prepare because he did not have to. He knew the government would use section 107. That assumption, based on the Liberals’ poor record, was just as real as those of the anti-worker Conservative premiers whom the Liberal Prime Minister has grown so close to. When Danielle Smith violated the charter and shut down the legal strike of Alberta teachers, and when Doug Ford violated the charter and tried to shut down the legal strike of Ontario education staff, what did the Liberal government say? There were crickets. That is because it is on the same page as these right-wing Conservatives when it comes to walking over the rights of workers. At a time of rising inequality, inequity and economic vulnerability, we should be encouraging the extension and empowerment of unions and workers’ institutions across Canada, not cutting them down. We should be supporting union drives among service workers, gig workers and unpaid care workers, affirming their right to strike should they be offered an unfair deal. It was so inspiring to the NDP to see the beginnings of this movement as Uber drivers in Victoria won a historic victory last month by ratifying a union contract with improved pay, health and safety measures. Given its track record, I ask myself whether the Liberal government sees this victory as just another problem to be solved by draconian back-to-work legislation. For our part, the New Democrats are clear. We offer our warmest congratulations to these drivers and support the struggles for unionization among all similarly exploited, unrepresented workers. As was recently put so well by our dynamic New Democratic Party leader, Avi Lewis, “The greatest gift we can pass on from one generation to the next is a union card”. We are giving the Liberals a chance to do what is right, to respect the charter and stop attacks on workers. However, if they refuse, we know workers will not back down against the attacks on their rights. We can just ask the Air Canada flight attendants. During the Winnipeg strike of 1919, nobody waited around for friends of big business in the government to give workers permission to walk off the job. If the Liberal government decides to stand by its friends, the billionaire class and big multinational corporations, and vote down this bill, New Democrats are ready to stand by working communities, union leaders and human rights advocates to remind the government that it can never take away workers’ power to strike.

Leah Gazan, Winnipeg Centre

NDP
“The Liberal government has a bad record on workers' rights. It stopped a strike quickly to force mostly women back to unpaid work, and it continues to hurt workers.”
Official Hansard

Madam Speaker, I want to be really clear. It took twelve hours for the last strikebreaking tactic to be used by the Liberal government to force mostly women back to unpaid work. The current government has a poor track record on workers’ rights, including the only 30‑day time period for labour to respond to other attempts of the Liberal government to crush down the rights of workers. It is a shameful question, and it just demonstrates how the Liberal government continues to turn its back on workers.

Leah Gazan, Winnipeg Centre

NDP
“I want this bill to pass. The government uses the current law to force people back to work and help big corporations. Unions representing millions of workers want this power taken away.”
Official Hansard

Madam Speaker, I want to be really clear that the Conservatives are no friends of workers either, but I have to agree with my colleague. Our current Prime Minister seems to have a worse track record than Prime Minister Harper, if members can believe it, in the government’s use of section 107, which brings up the reason that unions from across the country, including the CLC, which represents three million workers, are asking to repeal it. Who knows how many more times the Liberal government is going to force people back to work, including unpaid work, and side with the billionaire class and its corporate buddies?

Leah Gazan, Winnipeg Centre

NDP
“I want the government to support this bill. The minister used current labour laws to hurt workers in jobs mostly held by women, like flight attendants. The government also fails to ensure fair pay for child care workers.”
Official Hansard

Madam Speaker, I thank my colleague for her good question. It is true that women have some of the worst-paid work and are some of the most exploited workers in this country. It is often a gendered issue. Look at Air Canada flight attendants. That was the most recent disgusting example of the government abusing section 107, impacting a career in which jobs are held primarily by women and gender-diverse people. They also have no child care plan in place. It is another gendered issue where the government refuses to put a work strategy in place to make sure early childhood educators have livable wages and benefits. Liberals still expect us to have bake sales to earn enough money. It is such a bro club with the Liberal government right now. It is a huge issue. I hope the government will come to its senses, if it wants any credibility with workers and unions across the country, and support Bill C-247 to repeal section 107 of the Canada Labour Code.

Don Davies, Vancouver Kingsway

NDP
“I support this bill. Workers have a constitutional right to strike, and it is their only real power in bargaining. The government has repeatedly violated that right by shutting down strikes with an email instead of letting workers negotiate.”
Official Hansard

Madam Speaker, there is not a whole lot I can get in at this point with three minutes, but I will say that I am proud to rise as the labour critic for the NDP and to speak to the bill. Prior to being elected, I spent 16 years working as the director of legal resources for the Teamsters Local No. 31. In that time period, I did not just walk picket lines, as my hon. colleague, the parliamentary secretary to the government House leader, said, but I negotiated collective agreements, I made applications to the labour board, I defended the right to strike, I prosecuted unfair labour practices and I did essential services designations. There was probably not a section of the Canada Labour Code that I did not deal with in those 16 years. This is not a theoretical exercise to me or to the millions of workers in this country. It affects their lives. Here is what I know from that experience: One, collective bargaining is the foundation of union rights in this country. Two, the right of a worker to withdraw their services is a charter-protected strike. I am surprised to see the Liberals so easily violate charter rights, because they themselves claim proudly that they are the party of the charter. As the party of the charter, eight times in the past two years, they have violated the charter rights as described by the Supreme Court of Canada. That is not an NDP position, but the highest court in the land that said that workers have the right to withdraw their services as a core expression of their right to free assembly and association. Eight times this government has ended that right by sending an email. Now, my hon. colleague, the parliamentary secretary to the government House leader, is saying that NDP governments, in the past, have brought in back-to-work legislation. That is the democratic way to do it, after many days of labour action, and then back-to-work legislation is debated in the House. However, that is not what this government has done. The Liberals ended eight strikes by an email. When did they do it? It was 12 hours after the flight attendants at Air Canada went off the job, and 10 hours after the rail workers at CN and CP rail went off the job. They did not even wait a day for these workers to express their charter rights before they were violated. The only power labour has is the power to withdraw their services. That is it. If we interfere with that right, we interfere with the very foundation of collective bargaining. Collective bargaining is a success in Canada, and 99% of collective agreements are resolved without a strike or lockout. They are resolved at the bargaining table. I have heard repeatedly from the government, and all members of the House, that the best agreements are agreements reached at the bargaining table. Do members know why they are reached at the bargaining table? It is because unions and employers have a tool—

Discussion

No comments yet

See the full discussion

Comment rules

More from sitting 123

  1. Oral Questions Finance 8 statements
  2. Oral Questions Aerospace Industry 4 statements
  3. Oral Questions Climate Change 7 statements
  4. Oral Questions Rail Transportation 4 statements
  5. Oral Questions Taxation 7 statements
  6. Oral Questions Intergovernmental Affairs 4 statements
  7. Oral Questions The Economy 10 statements
  8. Oral Questions Sport 2 statements
  9. Oral Questions Immigration, Refugees and Citizenship 11 statements
  10. Oral Questions Government Priorities 4 statements
  11. Oral Questions Sport 2 statements
  12. Oral Questions Public Safety 8 statements
  13. Oral Questions Fisheries and Oceans 2 statements
  14. Oral Questions Climate Change 2 statements
  15. Oral Questions Indigenous Affairs 2 statements
  16. Government Orders Budget 2025 Implementation Act, No. 2 11 statements
  17. Oral Questions National Defence 8 statements
  18. Government Orders Budget 2025 Implementation Act, No. 2 16 statements
  19. Private Members' Business Canada Labour Code 12 statements
  20. Adjournment Proceedings Adjournment Proceedings 4 statements
  21. Adjournment Proceedings Adjournment Proceedings 4 statements
  22. Adjournment Proceedings Adjournment Proceedings 4 statements