Restoring Mail Delivery for Canadians Act

An Act to provide for the resumption and continuation of postal services

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Lisa Raitt  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment provides for the resumption and continuation of postal services and imposes a final offer selection process to resolve matters remaining in dispute between the parties.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 23, 2011 Passed That the Bill be now read a third time and do pass.
June 23, 2011 Passed That Bill C-6, An Act to provide for the resumption and continuation of postal services, be concurred in at report stage.
June 23, 2011 Passed That the Bill be now read a second time and referred to a Committee of the Whole.
June 23, 2011 Passed That this question be now put.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 10:55 p.m.


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NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, I would like to wish all Quebeckers a happy Saint-Jean-Baptiste Day. I would also like to thank the people of the Châteauguay—Saint-Constant riding for organizing festivities for this wonderful holiday. Clearly, I would have liked to have participated but the situation we are addressing here today prevents me from doing so. I hope that my constituents will understand and will not mind my absence.

We have been here since June 23 to hold an important debate on the government's bill to force the Canada Post employees on lockout back to work. We are here on Saint-Jean-Baptiste Day, which is celebrated by all Quebeckers, because the government did not want to take a break on this day that is so important to nearly a quarter of the members of Parliament. This government continues to show its contempt for the people of Quebec.

There is a reason why most Quebeckers did not vote for the government party in power. The people of Quebec strongly disapprove of the Conservative's actions and values. They are not fools. The actions and values of the party on the other side of the House are light years away from the values shared by most Quebeckers. The results of the most recent election show that this is true. There are only six Conservative members left in Quebec. With the type of decisions, bills and other strategies announced in the Speech from the Throne, the Conservative party is at risk of being completely wiped out in Quebec.

The government claims to be the government of all Canadians but the people of Quebec have this strong feeling, if not the certainty, that the government is leaving them out in the cold. Perhaps it is because of the way the government invests in infrastructure in Conservative members' ridings and proves indifferent toward ridings that do not have a Conservative representative, such as the Montreal region, where aging infrastructure under the government's responsibility is not being adequately maintained. If, for example, the Champlain Bridge were in the riding of the current President of the Treasury Board, it would have been announced long ago that this bridge was going to be rebuilt. I am certain of this, and Quebeckers are too.

During the election campaign, some Conservative candidates openly stated that it is normal for Conservative-held ridings to receive more investments than the other ridings. This is scandalous. Thus, the current government has a long way to go to endear itself to Quebeckers. It is not going to do so with the policies it has announced: there is no significant action with regard to the environment; they want to dismantle the gun registry; they want to build prisons for young offenders; they are buying aircraft no one wants; they give subsidies to big business, banks and oil companies. In addition, they are reducing taxes for large businesses while small and medium-sized businesses, which create almost half of all new jobs, receive no consideration. This government is clearly the government of the wealthy, the privileged and big business. Employees and workers are scorned by government. Bill C-6 is another fine example of this.

It is clear today that this government does not respect workers. If need be, we will forget about all other national holidays in the coming years in order to defend workers' interests. This government will ruthlessly advance its political agenda, even if they have to ignore MPs from Quebec again. But we will be there to block all similar bills. We have been blocking this scandalous bill since June 23 and we would continue to do so until the next Saint-Jean-Baptiste Day, if we could. We will do everything to delay Bill C-6, which is completely unacceptable and disrespectful of employees in general. I said in general, because this is just the first step by the government to chip away at employees' working conditions. In this instance, it is attacking the working conditions of postal workers. But which group of workers will it attack next?

In terms of this labour dispute, the government is saying that it wants to end the strike so that the economy is not harmed. It is also saying that it is not biased and that it is imposing conditions that are fair and equitable. What about this is fair and equitable? Does the government believe it is fair to side with the employer and impose lesser conditions than the employer was willing to concede? Is it fair to propose two classes of workers and keep younger workers from having the same wages and benefits as the others?

People are not stupid. Despite the misleading language being used by government representatives, people understand that this government is clearly biased in favour of the wealthy and employers.

People know that the government has a single goal: to privatize crown corporations so that they can reduce services and make more profit. Then a handful of higher-ups can receive huge salaries at the expense of services and workers' rights.

Canada Post is a very profitable crown corporation. We have the impression that this lockout was a government scheme to impose a labour contract that would gut working conditions for Canada Post employees to begin with and then for other groups.

I would like to focus on this scheme to impose a labour contract without consideration for workers' rights by briefly reviewing the events that we are concerned with here today.

On June 3, postal workers began rotating strikes that did not interrupt mail delivery. They simply wanted to use a legitimate pressure tactic to force the employer to advance the negotiations that had been going on for months. The union acted responsibly and with due diligence. The employer responded initially with a two-day-a-week lockout, which was also legitimate.

However, it did act irresponsibly by imposing a permanent lockout a few days later with the blessing of the government. It was good timing for the government because the end of the parliamentary session was in sight. The government thought that it would take the opportunity, a little while later, to set conditions that would benefit the employer by imposing terms that were less favourable than those that management had been prepared to give its employees.

And the government would like us to quickly pass this special bill, the way it is? I have said it before and I will say it again: we will do everything in our power to stop this outrageous bill. We will not help the government resolve the impasse that it alone has created and has blamed on the union.

I find it unfortunate that the Conservative government is holding Canadians hostage by putting the blame for the impasse on the union and the official opposition.

How can what started as a rotating strike end by causing great harm to Canadians? The workers chose to hold rotating strikes in different cities so as not to block mail distribution. The rotating strikes did not have much impact on businesses or at least they had less of an impact than a general strike would have. Even the Minister of Labour admitted that the rotating strikes had little effect on mail delivery. A spokesperson for Canada Post said the same thing. It is Canada Post that imposed the lockout on workers who, today, can no longer report for work to deliver the mail.

Now, Canada Post wants to establish a strategy to reduce operating costs. The employer wants to decrease the wages of new employees, reduce sick leave coverage and decrease contributions to employees' retirement, health care and security plans.

Bill C-6 imposes a salary cut on young workers and a salary increase lower than the cost of living and lower than the offer made by the employer on all workers. It also seeks to impose a new pension plan. It is a threat to the working conditions that were hard earned over the past few years and to the negotiations of previous years, a time when negotiations were permitted. Today, the government is taking away the workers' fundamental right to negotiate their working conditions.

The special bill the Conservatives have tabled is unacceptable, that cannot be said often enough. Even if we repeated it a thousand times, that would still not be enough. This bill will set a precedent and will put all Canadian workers at risk. It will give complete power to employers, including the power to impose working conditions on their employees, all with the complicity of the government, and the employees will be unable to bargain their own terms. Workers and unions are being told to give in to unfavourable terms proposed by their employer, or they will have terms that are even worse than all the concessions the employer was demanding imposed on them. And worse still, they will be forced to bear the blame for the deadlock their employer has put them in. They are being told that the government will favour the employer and in fact will reward it, even if the employer is guilty of holding the public hostage. Workers are being told they will be sent back in with a special bill that comes down on the employer's side.

If we do not find a solution to the lockout that has been imposed, the terms of employment in the previous collective agreement could still be continued. So let us allow the parties to negotiate without holding the public hostage as the employer and the government have done.

We are also very aware of the concern and worry that Canadians are feeling, and we understand that the lockout at Canada Post and the interruption of mail delivery is causing hardship. I repeat, however, that this is because of the lockout imposed by Canada Post, with the complicity of the government, that is preventing the workers from going back to delivering the mail. This situation could end tomorrow morning if the government lifted its imposed lockout and allowed the employees to go back to work on the terms in the previous collective agreement.

There was no urgency for imposing this special legislation. We can end the lockout by allowing the parties to bargain in good faith. The government will not succeed in making the workers bear the blame for this deadlock. The Canada Post Corporation is the one that locked the employees out, and it is the one that has caused these consequences. So why is this government rewarding the employer by coming down clearly on its side?

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 11:05 p.m.


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Calgary Centre-North Alberta

Conservative

Michelle Rempel ConservativeParliamentary Secretary to the Minister of the Environment

Mr. Speaker, the member opposite spoke about holding Canadians hostage. Yet tonight we are debating an NDP-led motion that would significantly delay this very important piece of back-to-work legislation.

I have received many comments from constituents in my riding regarding the necessity and the importance of postal service. They speak of holding Canadians hostage. I wonder if the member opposite could please explain how delaying this important legislation would help get around that.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 11:05 p.m.


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NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, I will say to the member that we are trying to resolve the situation for the employees of Canada Post. How can we do that? We have said it dozens and thousands of times: open the doors, stop the lockout and allow the employees to go to work. That is how this deadlock can be broken.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 11:05 p.m.


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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I was glad to hear the speech given by our colleague from Châteauguay—Saint-Constant. Clearly we are in a situation where a crown corporation has imposed a lockout. That is undeniable. Everyone understands that, at least on this side of the House.

The government has supported the lockout with a draconian bill that is going to impose terms that are simply intolerable. These are terms that will not be negotiated. This is an affront to the dignity of the workers of Canada. That is not tolerated on this side of the House.

What does my colleague think of the idea that a collective agreement must be negotiated rather than imposed by a bill?

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 11:05 p.m.


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NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, I thank my colleague from the riding of Gaspésie—Îles-de-la-Madeleine.

Yes, negotiated terms always provide a better work atmosphere than a situation that is imposed. I was a union representative in recent years and I was acquainted with people who had had terms of employment imposed on them by special legislation, and the atmosphere that produced was simply unliveable. It created enormous tensions within the company and significantly hurt productivity. It is therefore important, and in fact essential, that there be a negotiated employment contract, not one imposed like this, particularly not by this method.

The employer was prepared to offer better terms and the government is imposing worse terms. That is outrageous.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 11:05 p.m.


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Conservative

David Wilks Conservative Kootenay—Columbia, BC

Mr. Speaker, over 90% of the union employees voted in favour of a strike. Because they felt that negotiations were going nowhere, they implemented rotating strikes. That is their right. Canada Post, as the employer, implemented a lockout. That is its right.

The federal government can implement back-to-work legislation. This is about representing the majority of Canadians. Who are the NDP representing?

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 11:10 p.m.


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NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, we all represent Canadians. We represent large and small businesses, but also, and most importantly, the workers. We want justice in this country. We want favourable terms for workers, not terms that are imposed. We represent the workers. We represent the majority of the people, not the big businesses and the wealthy in this country.

[For continuation of proceedings see Part D]

[Continuation of proceedings from part C]

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 11:10 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I am pleased to join in this conversation, having listened to so many of my colleagues illustrate not only the history of workers' rights in Canada but the clear and present danger the government, in its treatment of postal workers, represents to all working people across this country.

This is a proud moment, not only for me personally but for New Democrats across the country and for the four and a half million people who gave us a clear and solid mandate to stand up for working people. I invite the Conservative majority to see what it looks like when there is a stable, solid, dedicated New Democratic opposition when things go wrong. Gone are the days of having the red-flag-waving surrender monkeys sitting in these benches. One “boo” and they were gone to their weekends. We now have an opposition that is dedicated to standing up for what is right in this country.

I am also quite encouraged to join with many of my new colleagues, whom I have been most moved and inspired by. One would think that after many hours of debate, some of our newer members, and maybe some of our older members, might be feeling some fatigue. Yet every time I tune in, and every time I come by the House, not only are we not fatigued, we are gaining in our energy and enthusiasm.

This must be so difficult for my Conservative friends as we sit through this debate. I almost want to put quotation marks around the word debate, because debates are usually judged on the merits of logic and intelligence. This is not a fair fight we have going on here. Time and time again we have Conservative members standing up with so-called questions, which are more like diatribes. They ask why, if the economy is so important, we cannot get these workers back to work. They know full well that the power rests in their own hands. Rather than deal with the situation, the Prime Minister has gone off to barbecues.

If the economy were so important and so sacred, if it was so necessary, given all the quotations from their local citizens, business owners, pensioners, and charitable groups that are worried about not getting their mail, if all of that were so important to the government, one would think that this government would bother to pick up the phone and tell the head of Canada Post that rather than lock out the workers, which has been done, the corporation should open the doors, get the mail moving, and return to the bargaining table for what has been established, in the highest court of the land, as a proper and fair collective bargaining agreement and arrangement. That has not been established by any measure of Parliament alone. It has been established by the blood, sweat, and tears of working people across this country, year after year, who have fought for the basic right to collectively come together and together rebalance the equation between employer and employee. When the employer does not offer a fair term of work, those people can come together and exercise a democratic right, have a vote, and bargain in what we call good faith.

Does this sound familiar to anybody else? A company comes into a negotiation for a new contract and begins an exaggeration process, a public posture, saying that things are not so good at the corporation. The company says that it is not making much money anymore. Times are tight. Things have changed. People are not, in this case, sending letters anymore. The company begins to amp up the rhetoric and begins to set the stage for what it knows is coming, which is a downgrade of the opportunity it will offer its employees, who are, ironically, the very employees who built the company to its current state of prosperity. The company knows that in its back pocket it has a very powerful and willing accomplice that is waiting for an opportunity as the company sits at the bargaining table, week after week and month after month, not bargaining in good faith or offering a give-and-take situation. It is more a take situation.

The company knows all that time that it has a hotline to the Prime Minister to say that it is going to lock these guys out and to get legislation ready, which is what was done. The legislation was ready before the lockout even started. When the company does not bargain with its employees in good faith, the government can come in and simply force them back to work under terms that are worse than the terms the company just offered.

Does that sound familiar or ironic at all? The reason it sounds familiar is that there is a sad and sordid tale of business relations with working people in this country. Businesses do this time and time again, but it only works if they have a willing accomplice in government.

It only works if they have a government in their pocket that is ready to operate on their behalf and is ready to side with them.

As the Minister of Labour—that has to be in quotations—said the other day, “...there are in fact 45,000 members of the union and in reality there are 33 million Canadians”, as if somehow those Canada Post workers, when they went to work that day, gave up their rights as Canadian citizens. How dare a labour minister stand in the House of Commons and take one group of Canadians and exclude those people from our society because they are doing what? They are standing up for their rights.

We hear constantly from the government that it somehow believes that it has a majority mandate from Canadians, that 40% of the vote somehow equates to 100% of a tyrannical majority, and that this is justifiable in all cases. I welcome the Conservatives to a new reality. I hope this gives them pause the next time they try this, because believe me, my friends, there will be a next time. There will be another dispute. There will be another transgression the Conservatives do not like and their friends on Bay Street do not feel comfortable with. The Conservatives say, “Never mind. Never worry. We have a majority in Parliament. That gives us 100% of the power. We will just steamroll over any other democratic institutions we feel are in our way”.

Note that this is a pattern with the government. There are the so-called arm's-length watchdogs. My friends laugh, but we all remember the case of the nuclear safety watchdog in this country who raised concerns about a certain reactor nearby. When the government did not like what she was saying, it fired her. Lo and behold, a few months later, the reactor went offline. Why? It was because of the very things she pointed out.

The government must understand that when people stand in opposition to its ideas, that is not a bad thing. Those people do not need to be shut down, cut off, or fired. They do not need to be locked out or forced back to work. Their issues need to be debated and entertained in this place and in the broader dialogue in this country of Canada, because it is through that dialogue that we come to better resolutions.

New Democrats do not believe that we have all the answers, but we know that these guys do not. It is time for them to get a little humility.

It has been clearly said by many of my colleagues that this goes well beyond the particular interests of the workers of CUPW in the Canada Post dispute. This speaks to something much larger. It is a much larger struggle for people around the world and in this country who for many decades did not have any rights. It was okay for employers to send kids to work. It was okay for employees to die while on the job. It was okay for employers not to pay employees a fair wage for a fair day's work. Those things, through struggle and time and sometimes blood, were established as wrong. It was confirmed that an evolved and advanced society understands that for the good of the economy, for goodness' sake, you ought to pay your workers a fair wage. How radical an argument is that?

The NDP is saying that fair pensions are good for the Canadian economy, and the government argues otherwise. The NDP says that a fair wage and safe working conditions are good not just for the workers but for the Canadian economy. The government argues otherwise.

Time and again we see excuses thrown up by the government that suggest that Canadians are not on our side. A friend of mine sent me an e-mail from a person I don't know who lives in my riding that said,

Keep on with the good work on behalf of the workers at Canada Post. This proposed legislation punishes the workers for being locked out while they were exercising their right to strike (in a manner that provided minimal interruption of the postal service)...and strangely enough, rewards the employer for the action of locking their workers out (whereby the employer shut the whole postal service down).... SHAME!

That is absolutely right.

We are getting many e-mails from members in Conservative ridings, which I quite enjoy reading, that say that they have sent their members of Parliament, their voices in this place, much correspondence on this issue saying that they are wrong, but the members will not read them out. The government somehow will not express that there may be dissent in this country over the idea of locking out employees and bringing in a sledgehammer to force them back to work.

I ask my friends on the government benches to be amenable to the changes the NDP is proposing. Be amenable to the idea that it is not always right. Be very much open to the idea that the arrogance that can come with a majority government can be overplayed and overstated. If the Conservatives continue to do that, New Democrats will be in our seats day after day, pushing them back.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 11:20 p.m.


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Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, I noted the member talked a lot in his speech about a number of issues surrounding the work stoppage. I noticed the one thing missing in his comments was an indication about the Canadian public, about the small businesses, charities and other individuals who are adversely affected by this work stoppage. It is very unfortunate that was lacking in his speech.

I would like to share an email I received from a constituent, a small business owner, who wrote:

“We hope the government will stand up for Canadian small business owners and ensure that Canada Post, a national mail service meant to serve the Canadian public, needs to go back to work. Our business has dropped immensely since even the rotating strikes, and the uncertainty of delivery service is impacting small business across Canada in different ways. I appreciate your time and hope again that you will take this message to Ottawa and to Canada Post”.

These are the kinds of emails I am receiving. It is affecting businesses in this country. It is affecting individuals. It is having a detrimental effect. This government is trying to put them back to work so we can see the effect on the Canadian public stopped.

We are all here in this place. We should all be at our homes and with our constituents, visiting with them at meetings and functions over the course of this weekend where we would be hearing these kinds of things from constituents. A number of individuals contacted me in the last couple of days about those issues. They say the NDP members are acting like a bunch of pirates holding Canadians hostage.

I would ask--

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 11:20 p.m.


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Some hon. members

Oh, oh!

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 11:20 p.m.


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The Acting Speaker Bruce Stanton

Order, please.

The hon. member for Skeena—Bulkley Valley.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 11:20 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I was going to suggest that we check the sound equipment here because in fact I did mention charities and businesses were suffering from the lack of postal services in this country. I will then suggest that my exuberance hopefully carried my voice across to where the hon. member is sitting.

I would ask the member to do the following, because he has the power to do this, to walk five rows to his boss and tell him to take the locks off of Canada Post, get the mail moving for all those charities, small businesses and constituents he claims to care about because we know where the decision lies here.

We know that the Prime Minister appointed the fellow at Canada Post, who is doing this right now. The hon. member knows it was the head of Canada Post who locked the employees out and stopped the mail service entirely. We know where the decision lies for the government to have a little humility, understand there is reason for this debate, that the government does not have it perfect and the bill before Parliament is not exactly correct in every single syllable, period and comma. The government should put a little water in its wine, realize it is wrong in this case, step off the cliff and get the posties back to work.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 11:20 p.m.


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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, my thoughts tonight are about our asset, Canada Post Corporation. The main asset of this corporation is its employees, the people who work there. That is the main asset that belongs to the people of Canada.

Is the government taking care of this asset? Is the government respecting this asset? Is the government taking the steps to ensure this asset, these human beings, are well protected and covered in the work they are doing? The profit from the company for the Government of Canada is fairly large and works out to about $6,000 an employee. Why is the government treating these employees in this fashion when they are the main asset of our great corporation?

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 11:20 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, conveniently the Conservatives would very much like to forget the human face in this conversation. It is somewhat ironic the government says that somehow these workers are the problem and yet postal services from around the globe come to Canada to study the efficiencies and the incredible steps that this postal service has made, year after year.

It also seems somehow that underneath all of this conversation and all of this debate lies an ideology within government that an entire institution can be privatized through starving it, that if it is driven deep enough into the ground so that people start to call out for something else, one would accomplish another thing that had been hoped for in the first place, which is a loathing within the current government for crown corporation and institutions in general. There is the idea that the government has a role to play in any of these places and that the government can do anything well.

It is strange and ironic to have a government-loathing government, but that is exactly what we have here with the Conservatives. They detest the idea and do not like the nature of this. The government rebels very much even at the idea of debate and fair discussion here in Parliament, but New Democrats live on this stuff.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 11:25 p.m.


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NDP

Thomas Mulcair NDP Outremont, QC

Mr. Speaker, last night, at the end of his eloquent speech about workers' rights, the leader of the opposition proposed that we take a break in our consideration of the draconian legislation proposed by the Conservative government. That proposal took the form of a motion to postpone consideration of the bill for six months.

For several hours now, many of our colleagues on both sides of the House, either in their speeches or in their questions and comments, have contributed to our consideration of the advisability of postponing passage of this horrible and counterproductive bill. I myself believe more than ever that we must postpone all consideration of it, for the numerous reasons cited by all of our colleagues.

It is in fact the most enormous bad faith for the government to claim that it has to force the workers back to work when it is this very government, acting through a crown corporation, that is preventing them from working and putting them on lockout.

Apart from the bad faith that has characterized the approach taken by the Conservative government since the outset of the dispute, it is essential that we note the consistent manner in which the courts have sanctioned and penalized the bad faith and misconduct of this same Conservative government in labour relations cases.

The most recent example is a decision handed down only two days ago by the Federal Court, and in a moment I will read several passages from it. The case involved a situation very similar to the one before us tonight. It did not involve postal employees; rather, it was all members of the Royal Canadian Mounted Police. The case is entitled Robert Meredith and Brian Roach, representing all members of the Royal Canadian Mounted Police, v. the Attorney General of Canada. The decision was given on June 21, 2011, by the Federal Court. Justice Heneghan wrote the decision.

In that case, we are reminded that in late December 2008, the Conservative government engaged in a series of fraudulent manoeuvres that it is difficult to distinguish from the situation before us tonight. This same government had legislated to flout the process provided by the legislation, and imposed its own bill to cut back the terms of employment that had in fact been legally agreed to with RCMP members. One crucial point is that the courts found that what the Conservative government had done, in terms of labour relations, was illegal under the Charter of Rights and Freedoms, which is a fundamental law.

Pages 27 to 29 of the judgment specifically are where we find the references that are most relevant to our work tonight. For those who are interested, I will note that the passages I am about to read are taken from paragraphs 86, 89 and 92 of this very recent judgment, as I mentioned. The judge reviews the terms of what the Conservative government tried to withdraw, by flouting the rights of the members of the RCMP, and concludes as follows, and I am going to read it in English since the judgment is written in that language.

So the Treasury Board withdrew the issue from consideration of the entity that it had created and refused to negotiate on a good-faith basis.

I repeat, “refused to negotiate on a good-faith basis”. That is the pattern of this Conservative government.

It continues: “The unilateral cancellation of a previous agreement also constitutes interference with subsection 2(d) rights”.

Now those section 2(d) rights are, in particular, these.

2. Everyone has the following fundamental freedoms:

(d) freedom of association.

For those who follow these issues, I note that this is referring in particular to two leading cases, two decisions of the Supreme Court of Canada: Health Services and Support and Fraser.

But this very recent decision sets a precedent. The Federal Court of Canada has assigned blame to this government and ruled against it. So this is a pattern of behaviour that we are seeing here tonight.

A little farther on, the judge writes:

The financial impact of the ERA was not relevant. In both B.C. Health Services and Fraser the Supreme Court focused not on the significance of the financial impact of the legislation, but of the significance of the impact of the interference on the bargaining process.

Finally, in paragraph 92, the Treasury Board's decision in the ERA made it effectively impossible for the pay council, that was the entity that had been created, to make representations on behalf of the members of the RCMP and have those representations, wait for it, here it comes again, considered in good faith. The judge goes on to say that in her opinion this is a substantial interference which constitutes a violation of section 2(d) of the charter.

That is repeat behaviour. That is putting oneself above the law.

It is sometimes said, in common language, that they think they know best. That is what the Conservatives think. They believe they can be the judges, they can be the jury, and they can also be executioners. They show contempt for the most fundamental laws. But as my colleague from Skeena—Bulkley Valley put it so well just now, therein lies the rub; the Minister of Labour let the cat out of the bag when she said, as she did yesterday, that there are 50,000 postal workers on one side and 33 million Canadians on the other. I have news for her.

The Charter of Rights and Freedoms applies to all citizens of Canada, including postal workers. We already knew whom and what we were dealing with when this Conservative government became the first government in the history of the British Commonwealth to be thrown out for breaking all the rules and being in contempt of the institutions of this Parliament: the right of parliamentarians to have fiscal and financial information before making decisions, the right to be given documents relating to foreign affairs, our rights to carry out the fundamental democratic mandate we were given when we were elected to this place.

Tonight, we are considering a bill that they are trying to persuade people is essential to force the workers back to work, hoping that the public would be so easily duped that they would forget they are the ones who have prevented and continue to prevent the workers from doing their jobs. On this side, we will support the motion presented yesterday by the leader of the opposition. We believe it is obvious that this bill, draconian or worse as it is, must not be considered, particularly given that it is clear from the decision handed down by the Federal Court of Canada this week, again, that behaviour that is contrary to the basic rules proves the government's bad faith. Yesterday, in fact, I witnessed this bad faith for myself. To be so presumptuous as to say that the workers are on strike, when they are the ones who have stopped them from working, defies all comprehension.

On this side, we will stand up, unanimous in our condemnation of this pattern of behaviour that flouts human rights in general and the rights of workers in particular.