Four faculty associations from McGill University, representing over 500 academics, have taken legal action against Quebec’s Bill 89, claiming that the legislation infringes on the constitutional right to strike. The Confederation of Faculty Associations of McGill (COFAM) disclosed on Tuesday that the groups have submitted a judicial review application in Quebec Superior Court to challenge the law, seeking its annulment as unconstitutional since its enactment in May. The bill is scheduled to come into force at the end of November.
Dubbed “An Act to give greater consideration to the needs of the population in the event of a strike or a lock-out,” the law empowers the labor minister to impose restrictions on strikes deemed detrimental to the public. It includes measures to broaden the range of essential services to be maintained during work stoppages to safeguard the well-being of the public.
Evan Fox-Decent, a law professor and president of the Association of McGill Professors of Law, condemned the legislation as an assault on workers’ fundamental rights. He referenced a 2015 Supreme Court ruling that recognized the right to strike as a fundamental aspect of freedom of association, which Bill 89 seeks to undermine.
Barry Eidlin, vice-president of the Association of McGill Professors of the Faculty of Arts, expressed concerns that the law could enable the government to impose service obligations on universities during labor disputes, potentially compromising academic autonomy.
Eidlin emphasized the importance of maintaining a fair bargaining environment, highlighting the imbalance of power between employers and workers. He warned that stripping workers of their primary bargaining tool could tilt negotiations in favor of employers, diminishing the incentive for them to reach a timely agreement.
The four faculty associations involved in the legal challenge are the Association of McGill Academic Staff of the School of Continuing Studies, the Association of McGill Professors of the Faculty of Arts, the Association of McGill Professors of Education, and the Association of McGill Professors of Law. Labour Minister Jean Boulet’s office declined to comment on the matter, citing ongoing legal proceedings.
In response to the legal action taken by McGill faculty, Éric Gingras, president of the Centrale des syndicats du Québec (CSQ), indicated that the union is preparing its own legal challenge in collaboration with other labor organizations to contest the law. He echoed concerns about the law’s impact on workers’ rights and bargaining strength, aligning with the sentiment that the government is attempting to circumvent established labor rights through the legislation.
Boulet had introduced Bill 89 in February, citing instances of prolonged strikes causing disruptions and emphasizing the need to prevent potential crises resulting from labor disputes. He aimed to equip Quebec with mechanisms similar to those available to the federal government in cases like the intervention to end the Canada Post workers’ strike.