48 hours before the start of the Festival d’été de Québec, Labor Minister Jean Boulet insists and signs: The right to strike cannot be limited to the Réseau de transport de la Capitale.
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Quebec Mayor Bruno Marchand is calling for “chaos” and calling for a special law to force buses back into the capital’s lanes.
However, the Secretary of Labor replies, reiterating that “that’s out of the question”.
Jean Boulet is convinced that there will be a solution to prevent the inconvenience from continuing.
“I have appointed a mediator. The dialogue continues,” he said.
The Quebec government claims it has an obligation to side with Canada’s Supreme Court in Saskatchewan in 2015, which enshrines the right to strike as an integral part of freedom of association.
“Freedom of association is part of the Charter of Human Rights and Freedoms. “This is a major change in the legal landscape in Canada and Quebec, leading to a really restrictive interpretation of essential services,” argued Jean Boulet in an interview with our Parliamentary Office.
no danger
The only argument that can limit the right to strike for a service is that of safety and danger to life. The RTC failed to persuade the judge of the Administrative Labor Court that its public transport service was essential and that its cessation could harm the safety and life of its users.
File photo, Stevens LeBlanc
“In the present case, the evidence failed to convince the court that such a risk existed,” the minister said. “We cannot limit the exercise of the right to strike, which is fundamental, without having something overriding.”
According to the Mayor of Quebec, this major change upsets the balance of power between drivers and the management of the transportation network.
“I am aware that there is inconvenience, anger and inconvenience. I am even aware that it is disproportionate to the problems of the Quebec public transport dossier,” stressed Jean Boulet, but argued that “this disproportion puts additional pressure on the shoulders of the parties to resolve the conflict”.
The strike process has been depoliticized, he says.
“We will not change the labor code because we exercise the right to strike, not because we pass a special law and contradict the Supreme Court.”
And Montréal?
The mayor of Quebec argues that other public transport companies, such as Montreal’s, are not immune to such a strike scenario.
Stevens LeBlanc/JOURNAL DE QUEBEC
“The typical case we are witnessing here will not only affect Quebec. Montreal, Laval, Longueuil or Rimouski will be in the same situation,” said Bruno Marchand on Monday.
For his part, Jean Boulet explains that Montreal, for its part, would have the opportunity to defend itself before the Administrative Labor Court to prove that its transport services are essential.
“It’s not because there was such a decision in Quebec that it would be of the same nature in Montreal,” he stressed. “It will depend on the persuasive nature of the evidence.”
Should Quebec find that the tribunal’s decision was inappropriate, it could request a review, the minister indicated, adding “that it has not done so”.