This Labour Day, the Canadian Association of University Teachers (CAUT) celebrates the achievements of the union movement and remains committed to protecting the right to free and fair collective bargaining, including the right to strike.
This spring, the International Court of Justice ruled that “the right to strike of workers and their organizations is protected” under the International Labour Organization’s Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), to which Canada is a signatory.
In January 2015, the Supreme Court of Canada recognized that a union’s right to strike is an “indispensable component” of collective bargaining and is protected under the Canadian Charter of Rights and Freedoms.
Nevertheless, CAUT is alarmed that governments in Canada have openly violated this right. The federal government has invoked section 107 of the Canada Labour Code to end lawful strikes nine times in the past two years. In May, rushed consultations on changes to the code were held that could lead to further abuse.
Provincially, the government of Alberta forced striking teachers back to work last fall and pre-emptively invoked the notwithstanding clause of the Charter to avoid having its actions ruled unconstitutional. In Quebec, Bill 89 restricts the right to strike by expanding the definition of “essential services” beyond that provided in international law.
CAUT calls on all governments in Canada to uphold and respect the right of unions and their members to engage in strikes which, as the Supreme Court of Canada has declared, is “constitutionally protected because of its crucial role in a meaningful process of collective bargaining.”
