A Liberal-appointed senator is warning that proposed federal legislation giving cabinet sweeping powers to halt legal strikes could violate workers' constitutional rights and undermine collective bargaining across Canada.Blacklock's Reporter says Sen. Hassan Yussuff, a former president of the Canadian Labour Congress, raised concerns about Bill C-39 during hearings of the Special Senate Committee on the Building Canada Strong Act.Yussuff, who serves as deputy chair of the committee, said the legislation threatens protections guaranteed to workers under the Canadian Charter of Rights and Freedoms.“The Supreme Court has ruled the right to strike is an essential part of meaningful collective bargaining,” Yussuff told the committee.“You can’t exercise one without the other,” he said. “They are in tandem in terms of the impact.”Bill C-39, formally titled An Act Respecting Certain Measures To Strengthen The Economy, would give the federal labour minister broad authority to intervene in legal strikes considered harmful to the national interest.Under the proposed legislation, the minister could “take any measure the minister considers necessary” when a work stoppage is deemed to “adversely affect the national interest.”The bill defines the national interest broadly, including “any significant impact on the Canadian economy” or “any social disruption.”Critics argue the wording could allow Ottawa to intervene in labour disputes without the parliamentary scrutiny normally associated with back-to-work legislation.During a November 2 committee hearing, Yussuff questioned who would determine whether a strike posed a sufficient threat to justify government intervention.“Who decides what is in the national interest?” he asked. “That is not clear in the legislation.”Yussuff also questioned what safeguards would exist if a labour minister made an incorrect decision.“The Minister of Labour gets a lot of advice in regard to the decision they make from time to time, especially around potential work stoppages or the possibility of whether a collective agreement can or cannot be reached based on what a minister has been informed about,” he said.“What happens if a minister is wrong?”The senator argued that strikes are an important part of the bargaining process and can help employers and unions resolve disputes after negotiations break down.“Does the labour department accept that a strike can help the parties reach an agreement after meaningful negotiations have reached an impasse?” Yussuff asked.“The world of collective bargaining is not a mechanical thing. It’s political, and for that matter it’s also about the relationship between the parties.”Yussuff's office did not respond to reporters' questions about what specific measures he would support to prevent the legislation from passing in its current form.The Canadian Labour Congress, which represents workers across the country, has also condemned the proposed restrictions..In an October 26 submission to the Senate committee, the organization warned Bill C-39 would significantly weaken the bargaining power of federally regulated employees.“It severely undermines federally regulated workers’ right to strike,” the Labour Congress stated.“Unions across Canada have been united in strong opposition to the proposed restrictions.”The organization urged senators to amend the legislation to ensure the federal government cannot use the proposed powers to terminate legal strikes without Parliament first passing back-to-work legislation.Specifically, the Labour Congress called for amendments “to expressly clarify that it cannot be used to direct the end of legal strikes.”Labour leaders have also warned the proposed legislation could make industrial disputes more difficult to resolve.Canadian Labour Congress president Bea Bruske told MPs during October 20 testimony that restricting the right to strike would not necessarily prevent work stoppages.Instead, she argued, the changes could increase tensions between employers and employees.“That is not going to end strikes and labour disputes in this country,” Bruske testified.“It will make them more unpredictable, potentially longer and potentially violent.”The controversy centres on how much authority the federal government should have to intervene in labour disputes affecting the national economy.While the proposed legislation is intended to provide Ottawa with additional tools to respond to major economic and social disruptions, union representatives argue the powers could be used to override constitutionally protected collective bargaining rights.The Supreme Court of Canada has previously recognized the right to strike as an essential component of meaningful collective bargaining under the Charter.Yussuff's concerns add to mounting opposition from organized labour as senators examine whether the proposed ministerial powers require tighter limits.The legislation remains under parliamentary scrutiny, with unions pressing for amendments to protect legal strikes from being ended through ministerial orders.
