Yes.
The Supreme Court of Canada recognized the right to strike as an integral, meaningful collective bargaining tool under the charter. While section 107 is a statutory power, using it to pre-empt or neutralize strikes undermines the legal purpose of strikes in Canadian labour law and fuels the sense that unions are being denied a fair process.
The federal government's pattern has damaged confidence and provoked challenges at the CIRB and in the Federal Court, which, again, reflect that members feel cheated and compelled to litigate rather than negotiate their rights.
