The Fédération autonome de l’enseignement (FAE) is gearing up to challenge Quebec’s recent legislation that empowers the government to intervene in labor disputes and enforce arbitration, escalating the issue to the Supreme Court of Canada.
The FAE, along with its affiliated unions, is mirroring the actions of other major unions like CSQ, CSN, FTQ, CSD, and APTS, who have already initiated legal action by submitting an appeal to the Superior Court in recent days.
The law, originally known as Bill 14 but now referred to as Bill 89, was approved last spring and officially came into force on November 30th. This legislation grants the minister the authority to involve an arbitrator in cases where a labor dispute poses a threat of significant harm to the public and traditional mediation efforts have failed. The arbitrator would then be tasked with setting the working conditions for the employees involved.
In addition to ensuring essential services related to health and safety, the new law includes provisions geared towards maintaining services that safeguard the overall well-being of the population, aiming to prevent any disproportionate adverse impacts on social, economic, or environmental security.
The FAE, among other labor organizations, contends in their legal challenge that this legislation encroaches upon fundamental rights such as freedom of association and expression. They argue that the inclusion of services promoting the populace’s well-being violates both Quebec and Canadian rights charters by restricting the right to strike for educational staff who are part of the union.
The trade union federation, representing 65,000 members, emphasizes that while educational services have not historically been considered essential under Quebec, Canadian, or international laws, the new regulations significantly broaden the scope of services that must remain operational during a strike, infringing upon the protected freedom of association outlined in the rights charters.
