Manitoba anti-scab law criticized as unconstitutional

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This article was published 27/01/2025 (257 days ago), so information in it may no longer be current.

A Manitoba law that prevents employees from crossing a picket line during a strike could be unconstitutional.

Brandon Trask, an assistant professor at the University of Manitoba’s faculty of law, said the addition to the Labour Relations Act, which passed in an omnibus budget bill in November, doesn’t just make it an unfair labour practice for a company to employ replacement workers. It goes a step further by banning employees from working during a strike.

“(This law) in practice removes the right of any worker to choose whether to join a strike or cross a picket line,” he said.

Trask said while he favours a ban on companies hiring replacement workers, it is another matter for the government to take away the right of employees to decide to cross the picket line.

There was no public consultation on the matter because it was included in a massive omnibus budget bill.

“From my perspective, the government did not do its due diligence in relation to this addition, failing to properly consider all implications and constitutional issues.

He believes it doesn’t comply with the Charter of Rights and Freedoms.

Loren Remillard, president and CEO of the Winnipeg Chamber of Commerce, said he believes the law is wrongheaded because it gives an advantage to unions and replaces legislation that had been balanced.

“Manitoba has had one of the lowest levels of days lost due to work stoppages across the country,” said Remillard. “That’s why there is no evidence to support a ban on replacement workers… this offers a solution for a problem which doesn’t exist.”

He said neither side wins in a protracted labour disruption.

On the other side, Kevin Rebeck, president of the Manitoba Federation of Labour, said the law is necessary.

“Having people able to cross the picket line only stretches a strike longer and that’s not good at all,” said Rebeck.

“We don’t want strikes to go on longer than they need be. Having a law which doesn’t allow for replacement workers, that’s what we all want.”

He said he hopes it results in shorter strikes and fair collective bargaining.

Tory labour critic Konrad Narth said his party opposed the change and the way it was included in an omnibus budget bill instead of standing on its own so it could be subject to scrutiny.

“Manitobans realize this was something that was rammed through,” said Narth. “As a result, Manitobans weren’t consulted the same way as other legislation.

“The NDP obviously didn’t want to hear from Manitobans and were concerned there would be some pushback.”

Narth called the law an example of the NDP “trampling on a person’s right to work.”

“This no longer gives them the right to make that decision on whether or not they feel that they should still be working for the company which they feel possibly treated them well and they don’t want to position themselves in the same direction that the union has gone.”

A government spokesman noted the federal government passed replacement worker legislation unanimously with the support of Liberal, Conservative and NDP MPs and that similar legislation exists in British Columbia and Quebec.

“This legislation encourages employers and unions to resolve negotiations quickly and fairly, while protecting the fundamental rights of Manitobans,” said the spokesman.

“Our labour legislation ensures employers in Manitoba cannot use replacement workers once a strike vote or lockout has begun. It also makes sure that employers and unions will jointly identify exceptions for essential service workers where there are threats to the health and safety of Manitobans.”

kevin.rollason@freepress.mb.ca