The use of Section 107 like a magic wand to make strikes disappear is a novel move by government from the last couple years. Previously it’s been back-to-work legislation to end strikes, taking longer and requiring public support from the peoples’ representatives in Legislature.
This magic wand has been more or less successful the first few times to get strikes out of the news, but this is the first time a union has refused to follow along with this.
Importantly, the pacing and the documented pattern of employers stonewalling discussion while begging government for arbitration, has put a clear case for unions to challenge this erosion of a constitutional right affirmed by Canada’s Supreme Court and regional trial courts. (sidenote: our courts aren’t bought out by regressives)
I’d be interested in seeing some of those cases that
a) Aren’t using this loophole the libs decided to make that has yet to be fought in a court of law (ie did not require the passing of legislation to force them back)
b) Aren’t for a service deemed ‘critical’ like teachers, nurses, etc. (ie ones that dont have an ESA)
I’ll do some digging then. Going to the wikipedia page for Canadian labour movements, and starting from current day:
Canada post union used the same loophole as here and is currently being challenged in court.
Federal workers strike was not legislated back.
Kimikat Foundry was properly legislated back, BUT was only required at 25% capacity. To me, a reasonable compromise, as the foundry would still be losing tons of money at 25% but not be shuttered.
2018 CUPW strike was sent back with the same loophole as here.
2012 Halifax Transit Strike actually had the PM say this: "Nova Scotia Premier Darrell Dexter won’t discuss the possibility of back-to-work legislation.
“Any discussion of this on either side actually upsets the balance that is there between the city and their workers. They have a situation that they need to deal with and I encourage them both to deal with it,” he said."
2008 TTC was legislated back under Dalton McGuinty.
2004 PSAC strike was legislated back
1997 teachers strike in Ontario the government attempted to get an injunction against the strike, and the judge refused on the grounds it would violate their charter right to strike.
Feel free to add any others that I missed, but this is hardly “life as normal” and should definitely be challenged and fought
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The use of Section 107 like a magic wand to make strikes disappear is a novel move by government from the last couple years. Previously it’s been back-to-work legislation to end strikes, taking longer and requiring public support from the peoples’ representatives in Legislature.
This magic wand has been more or less successful the first few times to get strikes out of the news, but this is the first time a union has refused to follow along with this.
Importantly, the pacing and the documented pattern of employers stonewalling discussion while begging government for arbitration, has put a clear case for unions to challenge this erosion of a constitutional right affirmed by Canada’s Supreme Court and regional trial courts. (sidenote: our courts aren’t bought out by regressives)
I’d be interested in seeing some of those cases that
a) Aren’t using this loophole the libs decided to make that has yet to be fought in a court of law (ie did not require the passing of legislation to force them back)
b) Aren’t for a service deemed ‘critical’ like teachers, nurses, etc. (ie ones that dont have an ESA)
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Lol really? So no, no examples.
Federally, there’s only been 7 examples in your timeline - https://lop.parl.ca/sites/ParlInfo/default/en_CA/legislation/backToWork
I’ll do some digging then. Going to the wikipedia page for Canadian labour movements, and starting from current day:
Canada post union used the same loophole as here and is currently being challenged in court.
Federal workers strike was not legislated back.
Kimikat Foundry was properly legislated back, BUT was only required at 25% capacity. To me, a reasonable compromise, as the foundry would still be losing tons of money at 25% but not be shuttered.
2018 CUPW strike was sent back with the same loophole as here.
2012 Halifax Transit Strike actually had the PM say this: "Nova Scotia Premier Darrell Dexter won’t discuss the possibility of back-to-work legislation.
“Any discussion of this on either side actually upsets the balance that is there between the city and their workers. They have a situation that they need to deal with and I encourage them both to deal with it,” he said."
2008 TTC was legislated back under Dalton McGuinty.
2004 PSAC strike was legislated back
1997 teachers strike in Ontario the government attempted to get an injunction against the strike, and the judge refused on the grounds it would violate their charter right to strike.
Feel free to add any others that I missed, but this is hardly “life as normal” and should definitely be challenged and fought