The Union wanted to update you on the court challenges we are moving forward with.
CUPE has filed three court challenges against the federal government over how the Minister of Employment and Social Development used section 107 of the Canada Labour Code during the Air Canada labour dispute. CUPE argues that the Minister went beyond her jurisdiction and violated workers’ constitutional right to strike. The union is asking the courts to declare both the Minister’s direction and the resulting order from the Canada Industrial Relations Board (CIRB) invalid.
Section 107 allows the Minister, if needed to maintain “industrial peace,” to refer questions to the CIRB or tell the Board to take certain actions. Since 2024, the Minister has been using this power to end legal strikes in the federal sector and force employees back to work, contrary to the right to strike, which is protected under section 2(d) of the Charter of Rights and Freedoms.
Two of CUPE’s applications were filed in the Federal Court on August 17 and September 12, 2025, one on behalf of the CUPE Air Component and one on behalf of CUPE. Both challenge the Minister’s August 16 direction, which forced Air Canada flight attendants back to work, extended the collective agreement, and imposed binding arbitration. CUPE argues the Minister had no authority to do this, and that it violated the right to strike. Alternatively, if section 107 does give the Minister this power, CUPE submits that the law itself is unconstitutional.
The third application, filed jointly by CUPE and CUPE’s Air Canada Component on September 22, 2025 in the Federal Court of Appeal, challenges the CIRB’s August 22 order, which implemented the Minister’s direction, click HERE to view. CUPE argues the CIRB did not have the legal authority to issue its order, that the order is unconstitutional, and that, in the alternative, section 107 itself is unconstitutional and cannot be justified under s. 1 of the Charter. CUPE also says the CIRB made other errors, such as refusing to correct the bargaining agent’s name in the Minister’s order, and failing to follow procedural fairness, and that there was a reasonable apprehension of bias against the Chair, who for many years had previously worked as counsel for Air Canada.
In addition to these three applications, there are several other ongoing court cases challenging the Minister’s recent use of section 107 to end strikes and lockouts in the federal sector. The Federal Court is managing these cases together. With these three applications, CUPE is continuing to challenge the government’s unconstitutional and overreaching use of section 107 to override workers’ labour rights.
Govern yourselves accordingly, in solidarity,
Your Bargaining Committee