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Undermining Labour, Undermining Democracy? Assessing the Controversial (Mis)Use of Back to Work Orders Under S.107 of the Canada Labour Code
Since 2024, the federal government has repeatedly relied on an obscure provision of the Canada Labour Code to end lawful work stoppages. The government argues that Section 107 allows a single minister to effectively override the Code’s strike and lockout provisions by directing the Canada Industrial Relations Board to terminate a stoppage, including by email.
Unions have challenged this interpretation through multiple claims under Section 2(d) of the Charter. This event examines the history and recent use of Section 107 and considers its broader implications for labour rights and democratic accountability.
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