I'm going to read a statement, and I want to get your opinion on its validity. Please bear with me--it's somewhat lengthy:
Having regard to the foregoing, if Bill C-257 is enacted, we see three discrete opportunities for a situation to arise where critical services could be jeopardized during a strike. First, given the narrow scope of services that fall under section 87.4's maintenance of activities provision and the interpretation given to this language by the CIRB, it is entirely possible that services that are considered to be “essential services” in British Columbia and Quebec would not be found to be essential services in the federal jurisdiction. Secondly, if the union or the bargaining unit members did not perform services covered by a maintenance of activities agreement or ordered by the CIRB, there is no provision that allows an employer to make other arrangements to have these services performed. Thirdly, the federal Minister of Labour has no power to declare or recommend that services are essential. This power lies exclusively with the CIRB. The CIRB has adopted an approach of refusing to require that services be continued at the onset of a strike and directing the parties to came back to the CIRB during the strike if the interruption of services raises serious health or safety issues. Given the slow pace at which such applications are dealt with, combined with the fact that the Canada Labour Code provides that the strike is not suspended during the proceedings, critical services would in fact be suspended while the application is being determined and thereafter until personnel could be returned to work.
In conclusion,...if Bill C-257 were to be enacted, there is a risk that essential services could be discontinued during a strike or lockout.
I read that from a legal opinion from, I believe, Heenan Blaikie, a well-respected firm in our country, specifically on the points that have been raised by the member from the NDP. I think it's fairly clear here, and I would like your comment on this. During the Aliant Telecom strike, in which we had an example of what would normally have been considered essential services--we're talking telephone calls to 911 and emergency services--these were not considered by the CIRB to be essential services. In light of what I just read, is it not very much the case that essential services could actually be shut down if a strike were to occur?