Last week the federal government introduced a new piece of legislation, C-58, which is aimed at banning the practice of employers bringing in replacement workers during a contract dispute.
Experts say the legislation is the culmination of decades of work by the labour movement in Canada, while it also represents the fulfilment of a key demand in the Liberal-NDP confidence and supply agreement.
Here’s what you need to know about the new piece of legislation.
What does the bill do?
The bill has two main components. The first makes it illegal for employers in federally regulated industries to bring in replacement workers to continue operations previously executed by unionized employees during a legal strike or lockout.
Federally regulated industries include sectors like banking and telecommunications, totalling over one million employees. Around a third of those employees are unionized, according to the federal government. The legislation does not, however, apply to the federal public service.
The bill also sets out penalties for breaking the rules — $100,000 per day for employers — as well as some exceptions, such as for non-unionized contractors hired before notice of a lockout or strike, or in cases where there could be a threat to health and safety, property or the environment.
A second part of the bill details new processes for what are called maintenance of activities agreements. These new rules force unions and employers to negotiate early in the bargaining process (within 15 days of a notice of strike or lockout) which services would continue in the event of a dispute. If they can’t agree, the matter gets referred to the Canada Industrial Relations Board for a decision within 90 days.
“It’s a good bill [from the perspective of] what organized labour has been arguing for with regards to anti-scab legislation, as it’s called by unions and working people, versus the management term, which is replacement worker,” said Charles Smith, an associate professor at the University of Saskatchewan specializing in labour politics.
“This has been one of labour’s key legislative demands for the last 50 years. And I think on that level the labour movement is going to be celebrating today,” he said.
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Smith said the bill could reduce large-scale disruptions by forcing more deals to be made at the bargaining table.
Larry Savage, a professor of labour studies at Brock University, also noted that the bill could reduce potential violence on picket lines and mitigate the damage to workplace cultures following a contract dispute.
“At some point all work stoppages end and workers have to return to their jobs. But the resentment that’s caused by the use of scab labour, that lingers. It poisons labour relations and it inevitably leads to lower workplace morale,” he said.
What are people saying about it?
As Smith noted, the bill is being hailed as a major victory by the labour movement.
“This legislation is a step toward levelling the playing field. It will be good for the economy and good for labour relations, it encourages unions and employers to resolve their differences in the very place designed for that to happen, the bargaining table,” said Lana Payne, national president of Unifor, Canada’s largest private sector union, last week.
“Workers have called for anti-scab legislation for decades, as it has been a missing piece of Canada’s federal labour law,” said Bea Bruske, head of the Canadian Labour Congress.
“I think the anti-scab law was pretty high on the labour movement’s wish list,” Savage said.
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Business groups this week expressed opposition to the legislation, arguing it would weaken key services and increase labour disruptions.
“There’s a reason why similar bills were always voted down in the past. They put too much power in the hands of large unions, and they are a threat to the economy as a whole. It looks like this bill is introduced for political reasons and not because it’s necessary,” said Jasmin Guenette, vice-president of the Canadian Federation of Independent Businesses.
Savage said previous, opposition-led attempts at labour reform have often been derailed following pressure from employers.
“They’ve usually faltered because Liberal MPs got cold feet and switched their votes on second or third reading based on pressure from the business community,” he said.
“The dynamics are a little different this time around as a result of the confidence and supply agreement. But we should expect strong business opposition to this bill.”
Savage and Smith both said similar provincial legislation in Quebec and British Columbia had not led to a noticeable increase in contract disputes leading to strikes or lockouts.
What are the politics involved?
The anti replacement worker legislation was a key demand in the Liberal-NDP confidence and supply agreement. The two parties worked closely on the legislation, and the resulting bill closely mirrors previous NDP proposals, Savage said.
In an event announcing the legislation Thursday, Labour Minister Seamus O’Regan repeatedly made note of his close working relationship with NDP deputy leader and labour critic Alexandre Boulerice.
So part of the motivation behind the bill is to fulfil that confidence and supply requirement, Savage said. And as a “transactional” party, he noted, it was clear that the Liberals are trying to shore up support with unions.
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“The other thing that’s happening here, though, is that I think the Liberals see this as an opportunity to use the legislation as a wedge issue to undermine recent Conservative efforts to build up support amongst blue collar union members,” said Savage.
Conservative Leader Pierre Poilievre has been making a concerted political push to garner the votes of working Canadians. But Smith said this bill presents the party with a challenge, and a choice between the newer attitude on labour and older Harper-era positions.
“When you look at the Conservative record, especially since Harper, there’s no appetite for the reforms that the labour movement has advocated for. And I think Poilievre is very much in that corner,” he said.
Poilievre’s office did not respond to a request for comment from CBC News on the party’s position.
Conservative Leader Pierre Poilievre has crafted an agenda focused on affordability and economic growth. (Ethan Cairns/Canadian Press)
What’s next?
Smith said one puzzling aspect of the legislation is a clause that says it will come into force 18 months after it receives royal assent.
O’Regan said Thursday that was largely to give the agencies responsible for handling labour disputes and the new processes enough time to adapt to the new regulations.
Savage said the labour movement is probably hoping this legislation will have a cascading effect throughout the provinces, where legislation mirroring the proposed federal law could crop up.
Smith also noted that the legislative win might translate to a greater political push in the next election.
“Given all the things we’ve been seeing in the last 12 months with regards to strikes and struggles and labour wins, this I think puts a little wind in the political sales of the labour movement in as much as it actually shows that those struggles can have political meaning,” he said.
He said that the political momentum labour might glean from the bill may or may not translate to victories at the polls for labour-supported candidates, but the momentum is there.
TORONTO – A justice with Ontario’s Appeal Court has dismissed an application for bail from Canadian musician Jacob Hoggard as he tries to appeal his sexual assault conviction at the country’s top court.
Justice Jill Copeland heard arguments at a bail hearing for Hoggard earlier this week, not long after the Hedley frontman began serving his five-year sentence.
Hoggard, who was found guilty in June 2022 of sexual assault causing bodily harm against an Ottawa woman, filed an application last week for leave to appeal to the Supreme Court and sought bail at Ontario’s Appeal Court.
His application to the Supreme Court argues that the Appeal Court – which recently upheld his conviction – failed to apply the proper test in determining whether an error made by the trial judge constituted a “harmless error.”
Copeland says at this stage, where Hoggard’s conviction has been unanimously affirmed by the Appeal Court and it “appears unlikely” he will be granted leave to appeal by the Supreme Court, she is satisfied that the public interest in enforcing the musician’s sentence outweighs his interest in a second review of his conviction.
She says that if the Supreme Court grants leave to appeal, a reassessment of Hoggard’s bail status may be warranted.
This report by The Canadian Press was first published Sept. 13, 2024.
TORONTO – Prime Minister Justin Trudeau says it’s up to Air Canada and the union to reach an agreement to avoid disrupting travellers and businesses.
Speaking at an event in Saint-Anne-de-Bellevue, Que. on Friday, Trudeau said he wouldn’t tip the scales towards either party, while dodging the question of whether he would force pilots back to work.
The airline and pilots will be in a position starting Sunday to issue 72-hour notice of a strike or lockout.
The airline has said the notice would trigger its three-day wind-down plan and start the clock on a full work stoppage that could come as early as Sept. 18.
The airline says the union is being inflexible with “unreasonable wage demands.”
The union has said that it is corporate greed that’s holding up talks, as Air Canada continues to post record profits while expecting pilots to accept below-market compensation.
This report by The Canadian Press was first published Sept. 13, 2024.
For over a decade, S.J. Green was the enemy of Hamilton Tiger-Cats fans.
He should receive a warmer reception Saturday when recognized as a member of the Canadian Football Hall of Fame. Then again . . .
“I’ll be honest, if I get a boo or two I won’t be surprised,” Green said with a chuckle. “It’s fun, I’m looking forward to everything that comes with this weekend.”
Joining Green in the Class of 2024 are former players Chad Owens, Weston Dressler, Vince Goldsmith and Marvin Coleman. Former CFL coach Ray Jauch and amateur football icon Ed Laverty (posthumously) were named as builders.
The seven were scheduled to be formally inducted Friday night, and then honoured Saturday at halftime of the Hamilton-Ottawa game at Tim Hortons Field. Green now fully appreciates the magnitude of the honour.
“Being here and getting to see some of the other inductees has been the ground-breaking moment for me where it’s actually starting to set in, that it’s a real thing,” Green said. “To put it into the shortest phrase I can, it’s football eternity.
“Not everyone gets to play the game at a professional level … to be a part of this brotherhood and statistically elite group is amazing and very humbling.”
The six-foot-three, 216-pound Green was a fluid receiver with Montreal (2007-16) and Toronto (2017-19). Green, 39, registered 716 catches for 10,222 yards with 60 TDs.
He suffered a serious knee injury early in 2016 but registered career highs in catches (104) and yards (1,462) the next season with Toronto. The Argos would win the Grey Cup, Green’s third (2009-10 with Montreal).
Green’s pro career ended in the XFL in 2020 as the CFL didn’t play that season due to the global pandemic. However, Green’s contract was abruptly terminated when the league suspended operations.
He retired in 2022 after signing a one-day contract with Montreal. Green, who owns and operates a landscape business in Tampa, said his transition to life after football wasn’t seamless.
“I went through a period … I don’t want to call it depression but I don’t know what else to call it, where it was just hard to watch the CFL game,” Green said. “I felt like I didn’t get to end it how I truly wanted.
“I miss the game still to this day and it was hard to get over but eventually you grow up, right? This (induction) makes all the time worth it, it feels right.”
Green also appreciates being inducted with Owens. Both began their CFL careers as practice-roster players with Montreal.
“That makes it more special,” Green said. “We both came in from the perspective of being practice-squad guys, having to prove ourselves to get on the field.
“Unfortunately, Chad had to leave Montreal to show the league who he was as a player and person while I was able to stay in Montreal and reap the same benefits. To watch him go to Toronto and become the player he was made it all come full circle. It’s very rewarding to go in with Chad.”
The five-foot-eight, 180-pound Owens, dubbed The Flyin’ Hawaiian, spent 10 seasons with Montreal (2009), Toronto (2010-15), Hamilton (2016, 2018) and Saskatchewan (2017). He was a four-time all-star, the league’s top special-teams player (2010) and its outstanding performer (2012).
Owens, 42, claimed his first Grey Cup ring with Montreal. He earned a second with Toronto in 2012.
Owens recorded 521 career catches for 6,217 yards and 26 touchdowns. He also had 4,027 punt-returns yards (11-yard average, five TDs) and 5,479 kickoff-returns yards, amassing 16,698 combined yards.
Dressler, 39, played with Saskatchewan (2008-15) and Winnipeg (2016-18), registering 715 catches for 10,026 yards and 61 TDs. The five-foot-seven, 168-pound Bismarck, N.D., native was the CFL’s top rookie in ’08 and a two-time all-star who made two Grey Cup appearances, winning in ’13 in Regina with the Riders.
Goldsmith, 65, was a dominant defensive lineman with Saskatchewan (1981-83, 1988-90), Toronto (1984) and Calgary (1985-87). He was the CFL’s top rookie in 1981 with 17 sacks then posted a career-best 20 two years later.
Goldsmith had 10 or more sacks eight times and finished with 130.5 (eighth all-time). He won a Grey Cup in ’89 with Saskatchewan.
Coleman, 52, was another dual threat. The five-foot-nine, 170-pound cornerback played with Calgary (1994-2000) and Winnipeg (2001-03) and was a three-time league all-star with 28 interceptions (six return TDs) and 538 tackles.
Coleman stands fourth all-time in punt-return yards (5,211), seventh in kickoff-returns yards (11,545) and scored seven return TDs. He played in four Grey Cups, winning twice with Calgary.
Jauch, 86, played in the ’59 Rose Bowl as a running back with Iowa and was an AFL first-round pick by Buffalo, but opted for Winnipeg.
He suffered a career-ending torn Achilles in Winnipeg’s ’61 Grey Cup win over Hamilton. Jauch became Edmonton’s running back coach in 1966 before being promoted to head coach in 1970.
He served as head coach with Edmonton (1970-76), Winnipeg (1978-82) and Saskatchewan (1994-95). He recorded 127 regular-season wins (sixth all-time) and in ’75 led Edmonton to its first Grey Cup win since 1956.
Jauch was the 1980 CFL coach of the year.
Laverty served as president of the Ottawa Nepean touch football league from 1964 to 2015. He held a similar post with the Ontario Touch Football League for over 10 years and helped launch Touch Football Canada.
Laverty was inducted into the Ottawa Sports Hall of Fame in 2014.
This report by The Canadian Press was first published Sept. 13, 2024.
