The Canadian Union of Postal Workers is challenging Labour Minister Steven MacKinnon in Federal Court, arguing that his decision to impose a six-month suspension on lawful strike activity violates constitutional rights.
Union lawyers say the minister's December 13 directive — issued without parliamentary debate — undermined workers' rights to collective bargaining and breached the Charter of Rights.
“Postal workers’ right to strike is an indispensable component of a meaningful collective bargaining process,” the union said in its court filing.
Blacklock's Reporter says the directive, made under section 107 of the Canada Labour Code, compelled an end to a 32-day legal strike and required arbitration through May 22, 2025.
The code allows cabinet to intervene in labour disputes to “maintain or secure industrial peace,” but union counsel from Cavalluzzo LLP argued there was no breakdown in negotiations.
“Neither party had broken off negotiations, nor was there any indication negotiations were coming to an end. Indeed, CUPW believed the parties were very close to reaching a deal,” the application stated.
CUPW said MacKinnon’s early-morning call to union president Jan Simpson gave notice of the order just hours before it took effect, effectively cutting off bargaining at a critical point.
“At approximately 7:44 am Eastern that morning the Minister of Labour called the President of CUPW Jan Simpson to inform her he would be issuing a directive,” the filing said.
Union lawyers argue the directive violated Charter sections protecting freedom of expression, association, and personal security. A statement of defence from the Attorney General has not yet been filed.
The December order was the fifth in four months where MacKinnon used the Labour Code to shut down lawful strike activity, citing economic stability.
Previous directives impacted unions in rail, maritime, and public service sectors, including Teamsters Canada Rail Conference, Longshore Workers Local 514 in Vancouver, CUPE Local 375 in Montréal, and CUPE Local 2614 in Québec City.
“There is a limit to the economic self-destruction Canadians are willing to accept,” MacKinnon said in November. Asked whether he was concerned about setting a precedent, MacKinnon responded, “It’s certainly not something I take lightly.”
