Federal Labour Law Reform: Bill C-39 and the Right to Strike
In July, we wrote to you about the Air Canada Component’s participation in federal government consultations on the future of labour relations, collective bargaining and workers’ rights under the Canada Labour Code.
Throughout those consultations, your Union was clear: meaningful collective bargaining must remain at the centre of Canada’s labour relations system, and workers’ constitutional right to strike must be respected and protected.
Our experience during the 2025 round of bargaining gave us a very clear perspective to bring to these discussions.
On September 21, the federal government introduced Bill C-39, proposing significant changes to Canada’s federal labour relations framework.
There are some measures we recognize as positive, however, we are deeply concerned about the proposed changes to section 107 of the Canada Labour Code.
Section 107: The Fundamental Issue Remains
For Air Canada Flight Attendants, the proposed changes to Section 107 are among the most important aspects of Bill C-39. Our members experienced the devastating impact of Section 107 intervention firsthand in 2025.
We recognize the government’s proposal to establish additional safeguards before the Minister could exercise these extraordinary powers. The proposed process would include a special mediator, a public report and a determination of whether a strike or lockout would have a “significant adverse national impact.” Only after those steps could the Minister consider directing the CIRB to take measures affecting a work stoppage.
These additional requirements do not eliminate our fundamental concern. This still gives the government in power the ability to interpret the legislation as they see fit.
Section 107 would continue to give the government of the day significant authority to intervene in a labour dispute after workers have exercised their right to strike.
When a government can unilaterally decree a “national interest” emergency to end a strike, it shatters the balance of power between workers and employers. Under this legislation, corporations have zero incentive to negotiate in good faith, compromise, or offer fair wages. Instead, they can simply stall, wait out the clock, and rely on the government to act as their ultimate leverage by legislating workers back to work.
A strike is a last-resort economic tool used to force reluctant employers to the table. By removing the threat of a work stoppage, the government effectively guts a constitutional right, leaving workers entirely defenseless. True labour peace cannot be legislated by administrative decree; it is achieved only when both sides are forced to face each other as equals at the bargaining table. To protect the fair wages, safety standards, and economic security of all working Canadians. It is our opinion that this overreaching ministerial power must be completely stripped from the bill.
The Supreme Court of Canada has been unequivocal about the importance of this right. In Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, the Court held that “the right to strike is an essential part of a meaningful collective bargaining process” and that it is an “indispensable component” of that right.Justice Rosalie Abella further explained that the possibility of a strike enables workers to negotiate with employers “on a more equal footing.” The Court recognized that workers and employers do not begin collective bargaining from positions of equal power and that the ability to collectively withdraw labour is fundamental to restoring that balance.
The right to strike is a fundamental right protected by our Charter. It must remain meaningful in practice—not simply exist on paper. It is a right that Canadian workers have fought for, defended and relied upon for generations.
We understand that labour disputes can have consequences for the public and the economy. But the existence of those consequences cannot itself become the reason to remove the right to strike.
We received overwhelming support from the travelling public throughout our negotiations and beyond. Canadians understood that some principles are worth standing up for. Workers are part of Canada’s national interest. Canada’s economy is built and sustained by the people who do the work. A strong economy is not built by weakening workers’ rights. It is made stronger when workers have meaningful rights, a meaningful voice and a meaningful ability to bargain.
We will continue to review this bill closely and advocate for a federal labour relations framework that strengthens workers’ rights and preserves meaningful collective bargaining.
We will continue to remind the government that protecting workers’ rights is not contrary to Canada’s national interest. Workers are Canada’s national interest. The right to strike is a right we will continue to defend vigorously, stand behind firmly and protect for the generations of workers who come after us.
Govern yourselves accordingly,
Your ACCEX