The Right Honourable Mark Carney
Prime Minister of Canada
Office of the Prime Minister
Ottawa, Ontario
Subject: Repeal of Section 107 of the Canadian Labour Code and the Protection of Collective Bargaining Rights
Dear Prime Minister Carney,
On behalf of the Confederation of Canadian Unions (CCU) and the working people we represent across Canada, I am urging your government to take immediate action to repeal Section 107 of the Canadian Labour Code. This provision, which allows federal governments to suspend collective bargaining rights and impose back-to-work orders, has for far too long been used as a blunt instrument to silence workers and undermine unions.
The right to strike and to bargain collectively is not a privilege. It is a fundamental democratic freedom that Canadian workers have fought for over generations. It is also a constitutional right, affirmed by the Supreme Court of Canada in its 2015 ruling in Saskatchewan Federation of Labour v. Saskatchewan.
The Court recognized that without the ability to strike, collective bargaining is rendered meaningless. Yet Section 107 of the Canadian Labour Code gives governments the authority to override this right whenever it is politically convenient, effectively making our constitutionally protected freedoms conditional and fragile.
Since 2018. the Liberal Government has used Section 107 at least eight times. The following list is not exhaustive: Montreal Port Workers, West Coast Port Workers, WestJet Mechanics, CP Rail, CN Rail, Postal Workers (twice) and the most recently, Air Canada Flight Attendants. The repeated use of Section 107 has fostered a culture of bad-faith bargaining. Employers have recognized that they need not negotiate seriously when they can rely on the government to intervene on their behalf.
The Confederation of Canadian Unions urges you to act without delay. The continued existence of Section 107 is an affront to Canadian democracy and the dignity of every worker in this country.
I look forward to your response.
Sincerely,
Gregory Ball
President, Confederation of Canadian Unions
president@ccu-csc.ca
ccu-csc.ca
CC: Minister of Jobs and Families Patty Hadju
