Mr. Speaker, in 1977, under René Lévesque's Parti Québécois government, the Quebec Labour Code banned the use of replacement workers.
The Quebec labour minister at the time, Pierre Marc Johnson, said the following when the legislation was introduced, and I quote: “The purpose of this measure is not to automatically close factories during a lockout or legal strike, but rather to restore a healthy balance between the parties and eliminate practices that cause tension and violence during labour disputes.... Workers, not companies, are the first to suffer as a result of a work stoppage, and letting the employer carry on as though nothing is wrong during a lockout or legal strike creates a fundamental imbalance between the parties.”
This was a major step forward for workers' rights in Quebec and a defining moment in the history of the labour movement and its struggle.
Today, 46 years later, Bill C-58 seeks to amend the Canada Labour Code to ban replacement workers. Bravo, or should I say, “it is about time”?
It is certainly a step forward for the rights of federally regulated workers, but above all, it is making up for lost time. The fate of thousands of workers and their right to bargain and to strike has been, continues to be and will continue to be undermined by this inexcusable delay, at least until the bill comes into force 12 months after receiving royal assent.
The effects of this injustice are still being felt. Quebec workers live under two systems. Federally regulated workers in Quebec who are currently in a dispute are paying the price for this injustice. Think of the port of Quebec workers who have been locked out for nearly two years. The employer is using replacement workers. No one is talking about it. No one is working on fixing this because it is business as usual. This is unacceptable.
Think of the Vidéotron employees in Gatineau, who are also locked out. In that telecommunications sector, thousands of jobs are being outsourced to call centres overseas. They too have been locked out for several months, and replacement workers are being used.
At the port of Sorel‑Tracy, the United Steelworkers went on strike for 12 months, and scabs were brought in.
I could continue to list all of the injustices and shameful practices that employers have engaged in with impunity because, to date, the Canada Labour Code has not been changed to remedy this injustice.
Unions have been calling for anti-scab legislation as part of the Canada Labour Code for a long time, and so has the Bloc Québécois. Over the past 33 years, there have been 11 bills, the very first of which was tabled in 1990 by the dean of the House, the member for Bécancour—Nicolet—Saurel. Time after time, the Liberals and the Conservatives have blocked the Bloc Québécois's bills. I myself introduced Bill C-276 in this Parliament in May 2022.
The fight was waged by unions and the Bloc Québécois, with constant prodding and the strength of our convictions. The NDP will take credit for that. It was certainly part of that struggle too and, indeed, we commend its work, just as we commend that of the Department of Labour and the leadership the minister has shown.
However, there is a “but”, and it is a big “but”. Unfortunately, we have to wonder, given the way the bill has been crafted, with the proposed implementation deadline, for one, whether there is any real intention for this bill to actually see the light of day or whether it is just window dressing, meant to look good.
Everyone knows as well as I do that there is a clear difference between fact and appearance, just as there is a difference between declared values and practised values.
From the beginning, the Bloc Québécois has condemned the fact that the initial bill provided for an 18-month coming-into-force period following royal assent. Given this time frame and the fact that we have a minority government, it is no wonder that we are questioning the intent. We proposed an amendment in committee to repeal this delay, proposing that the bill come into force as soon as it receives royal assent. This amendment was rejected by all parties, because the NDP and the Liberals had agreed in advance to propose a 12-month delay. However, the vast majority of the unions we heard from said that there was no explanation for the delay and they too wanted the bill to take effect right after royal assent. That is what it means to protect workers, and the Bloc Québécois stepped up.
When we began studying the bill, we announced that we also wanted to improve it in committee and move fast to close the loophole to ensure that the nonsense of using scabs is banned for good. We proposed carefully chosen amendments put forward by the unions. Among other things, these amendments aimed to include federal public service employees and thus correct a major omission. The government, as an employer, has excluded its own employees from the scope of the bill. We proposed a relevant amendment, but it was ruled out of order because it would amend another act. In principle, however, it is very unfortunate that the bill does not apply to federal government employees. This error needs to be corrected and I hope it will be corrected.
We also made amendments to amend or repeal sections that allow exceptions to the prohibition rule. It may seem complicated. Strikebreakers are prohibited, but there are exceptions. Among the exceptions, I would particularly mention employees covered prior to the bargaining notice. The employer is permitted to use these employees as replacements for striking employees in the event of a dispute, lockout or strike.
It would even be possible for an employee in a bargaining unit of the same employer—but in a different local—to be called upon to replace workers or colleagues during a strike or lockout. This makes no sense whatsoever. The unions have rightly denounced this. If the law is supposed to be consistent, how can certain categories of workers, such as subcontractors and independent contractors, be excluded from this restriction? That sort of thing is prohibited under Quebec's law.
We also proposed an amendment to provide for an investigation mechanism that exists under the Quebec code. If the government wants to impose sanctions, if it wants to be tougher, it has to give the Canada Industrial Relations Board the means to do its job and investigate if the employer breaks the law. Employees cannot do that. Employees who are on strike or locked out cannot enter the factory or their employer's premises. An investigator would have to be called in. This amendment was also rejected.
We had also proposed an amendment to reduce the time limits for the Canada Industrial Relations Board orders so as not to unduly interfere with the strike. All these amendments were rejected.
We are disappointed that these proposed improvements were rejected. They are essential for ensuring the consistency of the bill's objective of fully recognizing the fundamental right to free collective bargaining and the right to strike. However, we can be proud that we put them forward, stood by our convictions, and listened to and supported union demands in the fight for workers' rights.
If the past is any indication, an opportunity to reform the legislation is unlikely to come around again any time soon. This supposedly historic bill deserved more care and attention to achieve its objectives. I hope that history will vindicate the struggle of workers and finally rectify the injustice they have laboured under for so many years.
