This morning, we heard witnesses make a presentation. It is clear to us that the provisions contained in clause 20 of part 3 constitute another formal attack by the government against workers' access to free and fair collective bargaining.
After a series of legal decisions that confirmed that access to free and equitable collective bargaining is guaranteed by the charter, it seems unlikely that these legislative measures will survive a legal challenge, just like the retroactive changes to the long-gun registry provisions that were recently the object of a decision.
And this is not the first time. I remember that when I used to sit on this committee, there was another provision we felt was contrary to the Constitution, that had to do with a retroactive amendment to the rules governing the appointment of Quebec judges to the Supreme Court. We had warned the government that that provision was unconstitutional, and it was deemed to be so by the Supreme Court. So we have been here before.
Once again, this decision will clearly be the object of a court challenge, since it really runs counter to the spirit of the legislation and the Constitution. The decision by several unions to leave the negotiating table following the introduction of this legislation is symptomatic of the toxic approach Conservatives have to collective bargaining.
This matter is important. I think that the witnesses from the unions recognized that as well. However, it has to be negotiated in good faith in the framework of a collective bargaining process. That is clearly not the case at this time. The government is attempting to force the adoption of provisions that should be freely negotiated. So there is no way we are going to support this provision.