Idle Canada Post trucks sit in the parking lot of the Saint-Laurent sorting facility in Montreal as rotating strikes hit the area on Thursday November 15, 2018. Senators are to resume a special sitting today to examine a back-to-work bill that would force an end to rotating strikes at Canada Post as the walkouts enter their sixth week. THE CANADIAN PRESS/Ryan Remiorz

Idle Canada Post trucks sit in the parking lot of the Saint-Laurent sorting facility in Montreal as rotating strikes hit the area on Thursday November 15, 2018. Senators are to resume a special sitting today to examine a back-to-work bill that would force an end to rotating strikes at Canada Post as the walkouts enter their sixth week. THE CANADIAN PRESS/Ryan Remiorz

Senate passes back-to-work bill, putting end to rotating postal strikes

Mail service will resume all across the country at noon today

Mail service will resume all across the country at noon Tuesday after the Senate passed legislation ordering an end to five weeks of rotating strikes by postal workers.

Royal assent was granted late Monday shortly after senators approved Bill C-89 by a vote of 53-25. Four senators abstained.

The government had deemed passage of the bill to be urgent due to the economic impact of continued mail disruptions during the busy holiday season. It rushed the bill through the House of Commons last week.

RELATED: Canada Post back-to-work bill passed in late-night Commons sitting

But senators, after holding a special sitting Saturday to debate the bill, insisted on taking a little more time to reflect on the constitutionality of stripping postal workers of their right to strike.

They held another special sitting Monday and only put the bill to a vote after more than five hours of additional debate.

“I thought the extra time we took was valuable and was a demonstration of how the Senate should be reviewing government bills,” said Sen. Yuen Pau Woo, leader of the independent senators’ group.

Sen. Peter Harder, the government’s representative in the Senate, urged senators earlier Monday not to delay any further.

“I’m gratified that after two days of intense debate the Senate did what, in my view, is the right thing and passed this legislation,” he said after the vote.

The Canadian Union of Postal Workers issue a statement declaring that it is “exploring all options to fight the back-to-work legislation.”

“Postal workers are rightly dismayed and outraged,” said CUPW national president Mike Palecek. “This law violates our right to free collective bargaining under the Charter of Rights and Freedoms.”

UPDATED: Vancouver Island postal worker accuses Canada Post of questionable tactics during strike

Some senators — independents, Liberal independents and even some Conservatives — agreed with that assessment and voted against the bill.

But the majority either disagreed or concluded that it’s up to the courts, not senators, to rule on constitutionality.

An amendment by independent Sen. Murray Sinclair, who proposed delaying implementation of the back-to-work order for at least seven days after royal assent, was rejected.

Earlier Monday, Labour Minister Patti Hajdu said that the special mediator had concluded his work and the two sides were no longer negotiating.

Negotiations have been underway for nearly a year, but the dispute escalated more recently when CUPW members launched rotating strikes Oct. 22.

Those walkouts have led to backlogs of mail and parcel deliveries at the Crown corporation’s main sorting plants in Vancouver, Toronto and Montreal.

Picket lines were up Monday in parts of British Columbia, including Vancouver, Richmond and Surrey, and in parts of Ontario, including Hamilton, Ajax, North York, Pickering and London. Workers also walked off the job in Halifax and Dartmouth, N.S.

During debate, Harder told senators that failure to speedily pass Bill C-89 would have severe consequences for those who rely on stable mail delivery service, including the elderly, residents in rural and remote areas and, most especially, retailers who use Canada Post to deliver online purchases.

“It is the government’s strong view that if it does not act now to protect the public interest, it will have acted too late,” he told the Senate, arguing that postal disruptions are “not merely inconvenient.”

“The strikes come at a critical period for retailers,” Harder said.

“Unlike other kinds of e-commerce transactions … lost holiday sales are unlikely to be deferred to a later date. They represent real and actual lost business for these companies.”

Canada Post said Monday that the backlog of mail and parcels is “severe” and expected to “worsen significantly” once online orders from Black Friday and Cyber Monday sales are processed.

In a statement, the post office said it is experiencing delivery delays across the country and that’s expected to continue throughout the holiday season and into January.

The union wants better pay and job security, guaranteed hours for its 8,000 rural and suburban carriers, and equality for those workers with the corporation’s 42,000 urban employees.

CUPW also wants Canada Post to adopt rules that it says would cut down on workplace injuries — an issue the union has said is now at a “crisis” level.

Under the new legislation, the union said postal workers will be forced to go back to work under the old collective agreement, which it asserted would result in at least 315 disabling injuries and thousands of hours of forced, unpaid overtime.

The previous Conservative government forced an end to a lockout of postal workers during a 2011 dispute by enacting back-to-work legislation, which was later declared by a court to be unconstitutional.

But the Liberal government argues Bill C-89 is different, in that it does not impose immediate outcomes affecting postal contracts.

Whereas the 2011 bill imposed a settlement that favoured Canada Post, the current legislation would give a mediator-arbitrator appointed by the government 90 days to try and reach contract settlements. Failing that, a settlement could be imposed either through a decision from the arbitrator or by choosing from one of the final proposals put forward by Canada Post or CUPW.

In drafting the bill, Harder said the government has taken into account court rulings and is confident that its limitations on the right to strike would be upheld as a reasonably justifiable infringement of charter rights in a free and democratic society.

Independent Sen. Marc Gold, a former constitutional law professor, said he’s inclined to agree with the government.

But another independent, Sen. Andre Pratte, said the bill makes “a fair, negotiated agreement impossible by depriving workers of the lone source of their bargaining power, their right to strike.”

“Because the right to strike is a fundamental right … I am convinced that more time should be allowed for negotiations to come to a fruitful conclusions,” he said.

While not all Conservative senators supported the bill, several of their colleagues slammed the Liberal government for failing to put an end to the strikes sooner.

“This government was so concerned with appearances, not wanting to look like previous governments, wanting instead “to wag their finger and lift their chin in righteous indignation, that they sat on their hands until it was almost too late. And it still might be too late,” Conservative Sen. Leo Housakos told the upper house.

Fellow Conservative Sen. Don Plett said “the government sat on its hands until the 11th hour and then in a panicked rush suddenly decided something needed to be done.”

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Mariah Segee (centre) was named 2021 Lady of the Lake last Saturday, with Megan Rowbottom (left) as first princess, and Macey Anderson (right) as second princess. (Submitted)
Lady of the Lake returns to Lake Cowichan

Mariah Segee takes the crown in first pageant since 2018

Darren Campbell’s truck (pictured) was stolen when he stopped to check on a car in a ditch on Cowichan Bay Road on Monday morning. (Facebook photo)
Cowichan Bay man’s truck stolen in nasty trick

‘Try to be a Good Samaritan and my $20,000 truck gets stolen right under my nose’

Threads N Tails owner Lee-Ann Burke’s pet clothing has been featured on the cover of the June/July issue of Pet Connection Magazine. (Submitted)
Lake Cowichan business featured on magazine cover

Lee-Ann Burke hopes the extra publicity will increase sales

North Cowichan’s senior environment specialist Dr. Dave Preikshot (pictured) said there’s a wide spectrum of views on carbon credits. (File photo)
Carbon credits expected to be part of discussions around forest reserve

North Cowichan acknowledges wide range of views on issue

Blue Moon Marquee from Duncan will be featured at the 2021 TD Vancouver International Jazz Festival on June 28. (Submitted)
Blue Moon Marquee to play Vancouver Jazz Festival

What’s coming up in the A&E scene

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Montreal Canadiens goaltender Carey Price (31) is scored on by Vegas Golden Knights defenseman Alec Martinez, not pictured, during the second period in Game 1 of an NHL hockey Stanley Cup semifinal playoff series Monday, June 14, 2021, in Las Vegas. (AP Photo/John Locher)
Habs fall 4-1 to Vegas Golden Knights in Game 1 of NHL semifinal series

Match was Montreal’s first game outside of Canada in 2021

Kelowna-Lake Country MLA Norm Letnick, assistant deputy speaker at the B.C. legislature, presides over committee discussions. The legislature is completing its delayed spring session this week, with most MLAs participating by video conference. (Hansard TV)
B.C.’s daily COVID-19 infections dip below 100 over weekend

Only 68 new cases recorded Monday, four additional deaths

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Gabriola Island artist Sheila Norgate is promoting the Digital Innovation Group’s art impact survey. (File photo)
Vancouver Island artists get behind regional arts impact study

Artists urged to use their stature to help put arts and culture super-region on the map

The BC Ferries website went down for a short while Monday morning following a provincial announcement that recreational travel between health authorities can resume Tuesday. (Black Press Media file photo)
BC Ferries’ website crashes in wake of provincial reopening announcement

Website back up now, recreational travel between health regions to resume as of Tuesday

Neighbours fight a small late-night bush fire with garden hoses and shovels in Cinnabar Valley on June 5. They couldn’t get help from local fire services because the fire was located in an area under B.C. Wildfire Services jurisdiction. (Photo courtesy Muriel Wells)
Neighbours on edge of Nanaimo city limits left to put out bush fire themselves

Cinnabar Valley residents tackle fire with hoses and buckets for two and a half hours

The Kamloops Indian Residential School is photographed using a drone in Kamloops, B.C., Monday, June, 14, 2021. The remains of 215 children were discovered buried near the former school earlier this month. THE CANADIAN PRESS/Jonathan Hayward
Communities grapple with what to do with former residential and day schools

Some tear them down as a tool to help healing, others repurpose them as tools for moving forward

Creative handmade signs abound at the June 13 Tofino rally for old growth trees. (Nora O’Malley photo)
VIDEO: Tofino stands in solidarity for Fairy Creek Blockades

Over 150 supporters attend rally hosted by Friends of Clayoquot Sound

Most Read