Ultimately, you're right. The use of section 107 has been criticized by labour organizations over the past number of years, particularly around its pre-emptive use—it was used twice pre-emptively. It is a tool that.... People often think about labour dispute, but it can also be used in ways to refer other things to the board. It is an important tool, in my opinion, that the government needs in order to help resolve labour disputes that are protracted and long. However, what we heard from unions in particular, and workers, is that there need to be better guardrails about when we use section 107.
This legislation puts into place important pieces of guardrail that unions and workers can feel confident protect and, in fact, strengthen their charter right to strike. First of all, it removes explicitly the ability to use section 107 pre-emptively. Section 107 can be used only when a strike or labour disruption has begun.
Second, importantly, the special mediator's report must be public. That, as I've explained in a number of questions, is a process to get to the publication of the special mediator's report.
Third, the national interest must also be assessed. How are that labour dispute and its nature disrupting the Canadian economy, other sectors, other unionized workers, vulnerable communities or a number of different contemplations? I was the labour minister before, so I've been involved in these kinds of conversations, and I can tell you that a labour disruption has a deep impact. It also, importantly, ensures that the minister takes into account the right to strike, and that is part of the national interest assessment.