Defending decision
Courts can weigh in if Canada Post back-to-work bill challenged: Hajdu
Labour Minister Patty Hajdu defended the constitutionality of the Liberal government’s back-to-work bill for Canada Post workers on Tuesday, saying it will ultimately be up to the courts to weigh in should the legislation be legally challenged by the union.
Speaking on Parliament Hill, Hajdu defended her government’s decision to bring forward legislation to respond to a “significant, growing economic harm” to Canada.
The bill received royal assent on Monday with senators approving Bill C-89 by a vote of 53-25, with four abstentions.
In response, the Canadian Union of Postal Workers said it is exploring all options to fight it.
“After 37 days of rotating strikes, unconstitutional legislation has removed the right to strike for postal workers,” it said in a statement. “Legal strike action ends at noon today, but the struggle is not over.”
The union also said it has asked its members to return to their regularly scheduled shifts as noon Tuesday but said in the coming days it will call on its allies and members for a
campaign including “mobilizations, demonstrations and nonviolent civil disobedience.”
“All options remain on the table to achieve negotiated collective agreements that address health and safety, inequitable treatment, fair wages and working conditions, and the democratic right to free collective bargaining,” it said.
Hajdu said Tuesday the Liberal government is confident it was indeed the appropriate time to move forward with
legislation, adding there wasn’t a way forward otherwise for the two sides.
“Obviously the Senate has done the work that they need to do and the legislation has passed,” Hajdu said. “That will be up to the courts to decide if the union decides to challenge the legislation.”
In 2016, CUPW won a legal challenge of back-to-work legislation in Ontario Superior Court.
However, Hajdu insisted
Tuesday that the previous bill, introduced by the former Conservative government, was very different than that passed by her government.
Specifically, she said the Liberal government’s bill did not dictate how a number of issues should be settled.
She also said it appoints an mediator-arbitrator to be chosen either through the consensus of the two parties or in an independent way through advice given to her.