Last week many newspapers reported on a new development in the protests that have been focussing the world's attention upon Egypt. As the New York Times headline put it, "Protest in Egypt Takes New Turn as Workers Go on Strike". Reporters described how workers in myriad work places had decided to join the protest movement by going on strike. Workers at the Suez Canal, in textile factories, in government departments downed tools, sat in, picketed and otherwise brought normal productive activity to a halt. They did so for the purpose of making common cause with others seeking fundamental political change in their country.
I think most Canadians stand in admiration of the goals of the Egyptian people and in awe of their courage in pursuing them. But Canadians might also be interested in a nasty little truth about Canadian law. What would have happened if these strikes had taken here in Toronto? The answer is - according to the Supreme Court of Canada, every Provincial Court of Appeal to decide the issue, and the Ontario Labour Relations Board - that this sort of strike activity in pursuit of political goals is simply illegal. In fact the Supreme Court of Canada just last week refused to hear an appeal from British Columbia which offered an opportunity to correct this rule in our law. The result is anyone participating in events such as we admire in Egypt would be violating Canadian law. They could be legally ordered back to work by the labour relations board or a court, and subjected to real penalties if they disobeyed, whether they were members of a union or not.
Continue reading "Prof. Brian Langille: Political Strikes are Not Illegal Strikes" »
