Unions Warn Bill C-39's Strike Restrictions Could Breach Canada's International Obligations

Why it matters

As workers around the world mark the World Day for Decent Work on October 7, Canada's unions are escalating their fight against proposed federal restrictions on the right to strike — and international labour bodies are now warning Ottawa they could violate Canada's global obligations.

At the centre of the dispute is Bill C-39, which would amend the Canada Labour Code to give the government new and expanded power to end a legal strike whenever it decides the strike is, or could be, against the "national interest." The Canadian Labour Congress (CLC) says the provision breaks the government's promise to workers.

"This bill gives government the new and expanded power to end a legal strike when it decides the strike is, or could be, against the national interest. We reject the idea that workers' bargaining power is somehow contrary to the national interest," CLC President Bea Bruske said in a statement.

The CLC says it intends to file a complaint with the ILO Committee on Freedom of Association if the bill passes with the proposed restrictions. Its case has gained international backing: IndustriALL global union federation warned that "Canada cannot claim to respect ILO Convention 87 while giving a single minister the power to end any lawful strike they choose," and ITUC General Secretary Luc Triangle wrote to Ottawa warning the measure could breach Canada's international obligations.

The warnings follow a May advisory opinion from the International Court of Justice finding that the right to strike is protected under ILO Convention No. 87.

This year's World Day for Decent Work theme, set by the International Trade Union Confederation, is "Young workers organising for the future," highlighting low wages, insecure work and the rising cost of living. CLC Secretary-Treasurer Lily Chang said younger workers entering the workforce could face fewer protections and less bargaining power if rights keep eroding.

"At a time when workers are already facing economic uncertainty from the US trade war, the federal government should be strengthening workers' rights and improving working conditions — not weakening them," Bruske said.