The union representing Canada Post employees is set to file a constitutional challenge Tuesday with the Ontario Superior Court over the Liberal government’s back-to-work legislation.
On Nov. 26, Ottawa passed Bill C-89, forcing an end to five weeks of Canada Post’s rotating strikes.
But now, the Canadian Union of Postal Workers (CUPW) is challenging that in court, calling it a violation of constitutional rights.
“You cannot legislate labour peace,” Mike Palecek, CUPW president said in a statement. “This law violates our right to free collective bargaining under the Charter of Rights and Freedoms.”
WATCH: Canada Post union supporters protest back-to-work legislation
This isn’t the first time CUPW has taken the government to court.
In 2011, the Conservative government legislated a back-to-work bill after Canada Post locked out CUPW members for two weeks. The postal workers took the action to court and the union won the key legal case when an Ontario court found that legislation was unconstitutional.
“The Liberal government’s legislation, just like the previous Conservative’s, unilaterally prohibits any lawful strike,” Paul Cavalluzzo, a constitutional lawyer representing CUPW said.
“Canada Post created a false emergency, the supposed backlog of parcels, to get the government to intervene with back to work legislation. This legislation was enacted under circumstances that did not justify the interference of constitutional rights.”
