Defend the Right to Strike: Reform Section 107 of the Canada Labour Code

What We Want

We want to see the Canada Labour Code reformed to prohibit the federal government from using back to work legislation (BWL) except in life threatening emergencies, and to enshrine the right to strike as a fundamental labour right - protected from political interference.

Why This Matters

Back to work legislation undermines democratic labour rights and tilts bargaining power towards employers. These laws are used routinely and prematurely, not as a last resort. Strikes are already regulated, we do not need legislated suppression to maintain order.

Who is Impacted?

Canadians - especially federally regulated workers like flight attendants, rail employees, postal workers and port staff - are directly affected. When Section 107 is invoked, workers are forced back to work under binding arbitration, bypassing meaningful negotiation and violating their constitutionally protected right to collective bargaining. 

For example, during the recent Air Canada Strike, ten thousand flight attendants defied a back to work order while demanding fair pay for ground work, disrupting travel for thousands and leaving passengers stranded and confused. Similarly, postal workers, railway employees, and dock workers have experienced abrupt government intervention without parliamentary debate - trampling workers' rights and undermining their bargaining power.

What is at Stake?

If no changes are made, government interference will continue to corrode the integrity of collective bargaining, embolden employers to bargain in bad faith, and leave democratic processes sidelined. Labour experts warn that overuse of Section 107 creates perverse incentives for both sides (particularly employers) to avoid real negotiation, knowing the government may step in. Without reform, workers' rights will remain vulnerable to ad hoc executive decisions rather than structured parliamentary scrutiny. On the other hand, reform would restore fairness by ensuring that back to work orders are used only in genuine emergencies, not as a shortcut to force resolution. It would reaffirm the right to strike, promote accountability through independent reviews, and revive trust in collective bargaining. 

Why is Now the Time to Act?

We are at a critical juncture. The Air Canada dispute, and similar cases across Canada, lay bare how section 107 can be misused- skipping debate, disempowering workers, and triggering constitutional concerns. Public frustration is growing: passengers caught in limbo, unions challenging the constitutionality of forced arbitration, and working Canadians calling out government overreach. Immediate action is needed to preserve democratic labour rights, prevent further erosion of collective bargaining, and ensure that future disputes are handled with fairness and oversight - not political expedience. 

TIMELINE: ABUSE OF BACK TO WORK LEGISLATION (1987-2025)

1987 Postal Strike   CUPW Mulroney’s government legislates workers back

1991 Railway Strike    CP & CN Workers Legislated back to work

1997 Postal Strike   CUPW Chrétien government intervenes

2011    Postal Strike   CUPW Harper locks them out, then passes BWL

2011    Air Canada attendants    CUPE Threatened with BWL before strike began

2012    CP Rail strike       Teamsters           BWL passed quickly

2018 Postal strike     CUPW           Trudeau passes BWL during rotating strikes

2021 Port of Montreal       CUPE Longshoremen         BWL passed during legal strike

2024   Rail workers (CN/CPKC)  Binding arbitration via CIRB

2024   Canada Post (CUPW)     Directive under Section 107 (administrative back to work order)

2025  Air Canada Flight Attendants (CUPE) Government issued back to work & arbitration

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These are not rare occurrences - back to work orders remain a go-to tool for federal governments to limit labour unrest in key sectors.

They are often enacted administratively, not via full parliamentary debate, making them harder to challenge directly. 

Public and legal scrutiny is mounting, with unions pursuing court challenges and high-visibility defiance (e.g., Air Canada attendants defying the back to work order).

Reforming Section 107 of the Canada Labour Code is the only path forward to meaningfully restoring democratic integrity to labour relations. 

Back to work legislation is an attack on workers rights and democracy.

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Call to Action

We, the undersigned, urge the Government of Canada to:

1. Restrict Section 107 to only genuine, immediate emergencies involving threats to life or public safety.
2. Require an independent assessment before any intervention.
3. Ban binding arbitration unless both parties voluntarily consent.
4. Statutorily protect the right to strike, allowing only narrowly defined exceptions.