On December 16, the Canada Industrial Relations Board determined that Canada Post and the Canadian Union of Postal Workers were not likely to reach a negotiated settlement by the end of the year, stripped of the right to strike as directed by Labour Minister Steven MacKinnon, and ordered operations to resume the next day. 

The Minister might have taken a more balanced approach by using his influence to bring the parties together on terms of a temporary suspension of the general strike that would get the mail moving while respecting the well-being and the  rights of workers. 

Instead, he chose to 'lay down the law' - with a section of the law that is already before the courts as a violation of the Canadian Charter of Rights and Freedoms. The tendency of the Minister to circumvent the democratic process by resorting to §107 of the Canada Labour Code and ruling by ministerial edict - bypassing our elected Parliament - should be of concern to all Canadians who value our fundamental freedoms and democratic principles.

The Minister acted with impunity, knowing that it can take years for constitutional challenges to make their way through the courts. He knows that if and when his actions are ruled unconstitutional, the courts cannot turn back time to undo them.

Following the resumption of operations, there have been reports of intimidation and harassment of postal workers, some of which may violate the Canada Labour Code and/or the collective agreement. In using such tactics management also acts with impunity, knowing that recourse is through a lengthy and cumbersome grievance process.

If the Minister is going to take it upon himself to exercise authority he may not legitimately have, he must take responsibility for  the consequences of his actions on the rights and well-being of workers.

His directive to the CIRB did not provide sufficient guidance to ensure the well-being of workers returning to work, nor to ensure that the employer refrains from intimidation and harassment of workers. Therefore, we call upon Minister of Labour Steven MacKinnon to direct the CIRB to issue additional orders to effect the following:

• Restore vital health coverage under the collective agreement retroactive to the unprecedented suspension of that vital health coverage by Canada Post, and order the employer to refrain from interfering in any way with the usual processes for reimbursement by the insurer for amounts paid out of pocket by employees and/or insured family members.
• Put an immediate end to any harassment and intimidation of postal workers on the job by supervisory staff and/or management, and establish an impartial process under the auspices of the CIRB to receive any complaints, independent of the long and slow internal grievance process.
• Hold management liable and impose penalties for any actions that are found to be in violation of the Canada Labour Code and/or the collective agreement.
• Restore postal workers' pre-exisiing legal strike position immediately upon expiration of the extension of the collective agreement if a negotiated collective agreement is not ratified by then.

The work of the Industrial Inquiry Commission the Minister established to report in May 2025 does not require interfering in the collective bargaining process by suspending the right to strike and should not provide an excuse for either party to drag their heels in negotiations. Over five months is not a “time out” as the minister called it - it is a detention.

Therefore, we call upon the Minister to direct the CIRB to rescind the current extension of the collective  agreement and replace it with an extension of no longer than 60 days, and to direct the CIRB that any subsequent extension should be no longer than 60 days.

Finally, we call upon the Minister to provide an absolute guarantee that binding arbitration will not be imposed at any time during or after any extension(s) of the collective agreement and that any new collective agreement must be negotiated and ratified in order to take effect.