The Canada Industrial Relations Board (CIRB) has rejected the Canada Post workers union’s claim that a government directive to end a strike was against the constitution. On December 13, 2024, federal Labour Minister Steve MacKinnon utilized his power under Section 107 of the Canada Labour Code to instruct the CIRB to halt the postal workers’ strike and manage the arbitration process. The Canadian Union of Postal Workers (CUPW) contended that using Section 107 to cease the strike was unconstitutional and questioned if the workers’ Charter rights were infringed.
In a hearing ruling, the CIRB acknowledged that the right to strike is crucial but not absolute. The board ultimately determined that the use of Section 107 does not breach the Charter and does not have the jurisdiction to review the minister’s direction to suspend the workers’ right to strike. One member of the board dissented, with Member Paul Moist supporting the union’s stance and criticizing the minister’s application of the labour code as a manipulative tactic.
CUPW has also sought judicial review, awaiting a decision from the federal court. Unions have consistently criticized the government’s use of Section 107 to intervene in labor disputes, arguing that it sets a worrisome precedent for workers’ strike rights and undermines the government’s ability to resolve strikes. Section 107, a provision in the labor code since 1984, has seen increased utilization by the Liberal government in recent years, sparking controversy in various labor disputes.