“Are you preparing a special law?” This question is a kind of reflex for every Quebec journalist who reports on an impasse in negotiations between the government and civil servants.
The question is currently cropping up here and there in press conferences. The longer the strikes last, the more frequently they will occur.
Apparently, the play “Les negos” often ended like this in the past: on the grounds that patience had run out, the government decided on a trudging law.
For example, in December 2005, under a gag order, the Charest government passed Bill 142, which abolished the right to strike and set working conditions for all 450,000 public sector workers.
New law
However, the constitutionality of such laws has been repeatedly questioned since 2005. With success for the union camp.
Professor Patrick Taillon reminded me of this on Monday at my microphone in Qub: Between 2007 and 2015, the Supreme Court (CSC) neither more nor less sacralized the right to strike, deriving it from the right to organize (Article 2d).
The CSC noted that governments, both employers and legislators, must negotiate in “good faith” and be careful not to abuse the “superpower” they possess (unlike “ordinary” employers): pass a special law , which abruptly ends a strike or negotiation.
The situation has therefore changed significantly since 2015. In addition, special laws passed by the Couillard government (prosecutors’ strike and construction conflict) were declared unconstitutional.
Sonia LeBel, President of the Treasury Board and a trained lawyer, undoubtedly understands this situation very well. In the past, a government that set working conditions risked paying a significant political price. In 2007, Jean Charest was re-elected, albeit in the minority, partly because the numerous civil servants had adopted the slogan printed on 1,001 stickers: “Law 142: I will remember it!” Today, in addition to the political price, there is also the danger of a legal price to pay.
This takes away significant room for maneuver from our governments as they are faced with workers who are also not “normal”; They have a kind of “superpower”: They paralyze essential services for the population.
Complexification
Legalizing negotiations between government and civil servants could have perverse effects, Mr. Taillon emphasized. Extend strikes in particular beyond what is reasonable. Partly because the trial is more complex: We imagine the amount of evidence that each side must gather to show a potential court that it acted in “good faith” in this trial, unlike the other side. .. .
Not surprisingly, in Ontario in 2022, Doug Ford’s government, in order to protect itself from possible disapproval from the courts, drafted (without passing it) a special law that forced the return of its teachers to work, but a ” Provision on parliamentary sovereignty”. , also known as “notwithstanding the clause.”
The question to Sonia LeBel must now be: “If the conflict continues, will you then pass a special law with an exception?”
Strike calendar
daily
Tuesday
Joint Front Strike Day 1 of 3
details
Who is mobilized?
- 420,000 workers are affiliated to the CSN, the CSQ, the FTQ and the APTS. This front brings together employees from the health and education networks.
- In schools, the Common Front represents support staff, specialists and 60% of teachers.
- In CEGEPs, 85% of teachers are connected to the Common Front through the CSN.
- In the health network, the Common Front represents not only office workers but also specialists and technicians.
Disturbances are to be expected
- Picketing in front of schools, CEGEPs, health and social services.
- School and daycare classes are suspended in most school service centers in Quebec. Also closure of administrative centers.
Planned events
- A large demonstration is not planned.
Wednesday
Joint front strike day 2 of 3
details
Who is mobilized?
- 420,000 workers are affiliated to the CSN, the CSQ, the FTQ and the APTS. This front brings together employees from the health and education networks.
- In schools and CEGEPs, the Common Front represents support staff, professionals and 60% of teachers.
- In the health network, the Common Front represents not only office workers but also specialists and technicians.
Disturbances are to be expected
- Picketing in front of schools, CEGEPs, health and social services.
- School and daycare classes are suspended in most school service centers in Quebec. Also closure of administrative centers.
Planned events
- A large demonstration is not planned.
THURSDAY
Joint front strike day 3 of 3
details
Who is mobilized?
- 420,000 workers are affiliated to the CSN, the CSQ, the FTQ and the APTS. This front brings together employees from the health and education networks.
- In schools and CEGEPs, the Common Front represents support staff, professionals and 60% of teachers.
- In the health network, the Common Front represents not only office workers but also specialists and technicians.
Disturbances are to be expected
- Picketing in front of schools, CEGEPs, health and social services.
- School and daycare classes are suspended in most school service centers in Quebec. Also closure of administrative centers.
Planned events
- Planned rally in front of the National Assembly of Quebec between 11 a.m. and 1 p.m.
FIQ strike day 1 of 2
details
Who is mobilized?
- The Quebec Interprofessional Health Federation (FIQ) represents 80,000 nurses, practical nurses, respiratory therapists and clinical perfusionists.
Disturbances are to be expected
- Picketing in front of health and social care facilities.
- In the health network, the strike is governed by essential services. Therefore, some treatments will be slowed down on certain units.
- In addition, it is mandatory that 70% of operational services and 80% of services be maintained in subspecialty centers.
Planned events
- A large demonstration is not planned.
FAE general strike without borders
details
Who is mobilized?
- The Autonomous Education Federation (FAE) represents 66,000 teachers in Montreal, Quebec, Outaouais, the Laurentians, Estrie and Montérégie. This corresponds to 40% of teachers.
Disturbances are to be expected
- Picketing in front of schools
- Suspension of classes for an indefinite period in the school service centers represented by the FAE. A return to class will only be possible if the union reaches an agreement in principle or makes significant progress at the negotiating table.
Planned events
- At 11:30 a.m. demonstration “for teachers and public schools” organized by the FAE in Jarry Park in Montreal.
