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2024 Rail Strike (or not?)

Do you think the SCC is going to strike down existing Canadian Federal Law? Nope.

Are you familiar with Section 58 of the Canadian Labour Code?
The matter hasn't even got that far yet. The Minister has referred the matter to the Industrial Relations Board under Section 87.4(1). I can't find the referral but it will no doubt frame the work stoppage as posing "an immediate and serious danger to the safety or health of the public."

I'm not aware the Board has made a ruling one way or the other, but given the legislation calls for input from all affected parties, the timelines suggest not yet. I'm not that familiar with labour law, but my read of the Labour Code says Division IV, including Section 58 does not apply in these circumstances.

The the Union has filed a strike notice after the Minister's referral is likely a procedural 'tick-the-box' move to manoeuver within the legislation.
 
The matter hasn't even got that far yet. The Minister has referred the matter to the Industrial Relations Board under Section 87.4(1). I can't find the referral but it will no doubt frame the work stoppage as posing "an immediate and serious danger to the safety or health of the public."

I'm not aware the Board has made a ruling one way or the other, but given the legislation calls for input from all affected parties, the timelines suggest not yet. I'm not that familiar with labour law, but my read of the Labour Code says Division IV, including Section 58 does not apply in these circumstances.

The the Union has filed a strike notice after the Minister's referral is likely a procedural 'tick-the-box' move to manoeuver within the legislation.
That is my understanding, too.

This labour action is nowhere close to being resolved, yet.
 
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