OTTAWA — The federal government’s latest omnibus legislation, An Act respecting certain measures to strengthen the economy (Bill C-39) was introduced on September 21st to much fanfare. While touted as necessary to build a stronger, more independent, and more sustainable economy, it actually pits these goals against the rule of law and Charter rights. Bill C-39 expands already problematic exemption powers and severely undermines workers’ bargaining rights.
“One of the many lessons we should draw from the rapid erosion of democratic norms in the United States is that open-ended executive powers are antithetical to a functioning democracy,” said Howard Sapers, Executive Director at the Canadian Civil Liberties Association (CCLA). “While fostering Canada’s economy is an important goal, it should not be pursued at the expense of our country’s deep-rooted commitment to some of its most fundamental principles, including the rule of law, the separation of powers and the protection of Charter rights.”
Bill C-39’s Part 1, Division 2 would expand the already broad exemption powers introduced last year under controversial Bill C-5, the Building Canada Act, to give Cabinet unfettered discretion to identify “regions of national interest” where many federal laws that would otherwise apply to designated projects could be overridden.
Instead of adding much needed checks and balances to an already problematic framework, Bill C-39 would remove the five-year time limit which previously ensured that exemptions would only be available for a limited period.
“Expanding the existing exemption powers’ scope and removing the five-year sunset clause would transform what the federal government initially presented as a limited and temporary power into a sweeping and permanent power grab by Cabinet,” said Anaïs Bussières McNicoll, CCLA’s Director of Fundamental Freedoms.
Part 3, Division 1 of the bill would amend the Canada Labour Code to empower the Minister of Labour to direct the Canada Industrial Relations Board to end a legal strike that adversely affects, or may adversely affect, the national interest. The bill does not bother to define “national interest”, effectively leaving its meaning to the Minister’s discretion. A strike’s potential or actual “significant impact on the Canadian economy” or “serious social disruption” are listed as relevant considerations. These terms are much broader than existing Canada Labour Code parameters.
“There can be no meaningful bargaining when one side lacks the power to negotiate on equal footing,” continued Bussières McNicoll. “Giving the Minister of Labour broad discretion to end strikes does not strengthen Canada. It undermines freedom of association and further tilts the balance of power toward employers at a time when many workers in Canada are struggling to make ends meet.”
“We are urging the federal government to build a stronger, more independent, and more sustainable economy without sacrificing what makes Canada a robust, functioning and vibrant democracy,” Sapers concluded.
We are continuing to review this lengthy omnibus bill and may provide additional comments in the future.
