Carney says Labour Code change will 'protect' right to strike. Experts say it still spells legal trouble

Source: CBC Politics
Date: 2026-09-23 17:02:26.0
Tags: [National, Labour, Governance, Justice]

The federal Liberal government introduced Bill C-39, an omnibus legislative package containing proposed amendments to Section 107 of the Canada Labour Code, which empowers the minister to order striking workers back to work and mandate binding arbitration in federally regulated industries such as airlines, banks, ports, and railways. Under the proposed changes, the labour minister must declare that a strike adversely affects the national interest and consider a report from a new special mediator before intervening. Prime Minister Mark Carney defended the legislation as a guardrail that protects the constitutional right to strike, whereas labour groups including the Canadian Labour Congress (CLC) and the Canadian Union of Public Employees (CUPE)—which represents Air Canada flight attendants involved in previous Section 107 disputes—argue the provisions violate Charter-protected freedom of association and collective bargaining rights, setting the stage for ongoing constitutional challenges.