Canada didn’t elect a Conservative government, but we got one anyway

For too long, successive Liberal and Conservative governments have sided with corporations and rich executives to crush workers’ rights. In recent years, the Liberal government has invoked an obscure clause of the Canada Labour Code known as Section 107 to end labour disputes at CN, CPKC, and Canada Post. Most recently, Carney’s Liberals used Section 107 to force Air Canada flight attendants back to work just 12 hours after their strike began. The repeated undemocratic use of this clause builds on a decade of regressive back-to-work legislation under Stephen Harper.

Companies have no incentive to bargain in good faith if they know that the government will swoop in the second workers take labour action. Recent research shows that the majority of Canadians feel that the Liberal’s back-to-work order for Air Canada flight attendants sets a bad precedent, unfairly limited the right to strike, and showed that the government is willing to override Charter rights.

Protect Freedom of Association as a Charter Right

The Canadian Charter of Rights and Freedoms recognizes the right to strike under Section 2(d), the right to freedom of association. Back-to-work orders undermine this constitutional right and roll back progress on hard-won gains for workers. With the inadequate wage growth of recent years failing to help Canadians catch up with inflation, and basic needs slipping out of reach for many, it’s more important than ever to protect the fundamental right for workers to bargain collectively and demand their fair share.

The power to withhold labour is an essential tool to level the playing field and help workers negotiate fair wages, benefits, and working conditions, but Liberal and Conservative governments alike have shown that they are willing to put corporate profits ahead of human rights. Enough is enough. Section 107 must be removed from the Canada Labour Code.