Mediation and legislation: How the government could step into a WestJet strike

Last summer, just hours after Air Canada flight attendants hit the picket line after failing to reach a new contract with the airline, Jobs Minister Patty Hajdu invoked Section 107 and asked the Canada Industrial Relations Board to impose binding arbitration to get the flight attendants back to work.

Flight attendants ignored the order and remained on strike until a deal was finally reached — a move Canadian Labour Congress president Bea Bruske praised at the time as highly effective.

Section 107 has been in the Canada Labour Code for more than 40 years.

The Canadian Labour Congress said last year the federal Liberals have deployed Section 107 at least eight times since June 2024. They used it to prevent a strike by WestJet mechanics, to end strikes or lockouts at the country’s two main railways and ports in Montreal and Vancouver, and to temporarily shut down a strike and lockout at Canada Post.

The Canadian Labour Congress said Section 107 was used a handful of times before June 2024 and only four times between 1995 and 2002.

In 2011, it said, then-labour minister Lisa Raitt used Section 107 after flight attendants rejected two tentative agreements, though the parties ultimately agreed to send their dispute to binding arbitration. The Canadian Labour Congress said Section 107 was used one other time between 2011 and 2024.

In a news release Wednesday, the NDP urged the Liberal government to refrain from intervening if a strike takes place.

“Collective bargaining has always been the best way for workers to bring home a fair, livable wage,” NDP MP and labour critic Don Davies said in the news release. “When the government intervenes with unfair strikebreaking tactics, it tips the scale in favour of big corporate executives and against workers struggling just to get by.”

NDP MP Leah Gazan has sponsored a bill to repeal Section 107.

“The Supreme Court has confirmed that the right to strike is protected by the Charter, while the International Court of Justice ruled that it is protected under international law,” she said in a news release. “We will not sit back while the government treats fundamental human rights like they can be thrown away whenever they inconvenience profit-hungry corporations.”

Conservative MP and labour critic Kyle Seeback said in a letter to Hajdu this week that collective bargaining works best when both parties are able to negotiate freely without government intervention.

He said last year’s intervention in the Air Canada strike “undermined confidence in the collective bargaining process and denied workers the opportunity to fully exercise their rights” under the Canada Labour Code.

“Government intervention should remain an extraordinary measure, not a routine response to difficult negotiations,” Seeback said, urging the government not to intervene in a WestJet strike. “Allowing the process to unfold as intended strengthens confidence in Canada’s labour relations system and produces more durable outcomes.”

Back-to-work legislation

The federal government could also recall Parliament to pass back-to-work legislation.

The Library of Parliament website says that the federal government has passed back-to-work legislation almost 40 times since 1950, usually to end strikes by railway and port workers.

Legislation has also been used to end strikes involving postal workers, air traffic controllers and grain handlers.

In 2021, Parliament voted to adopt legislation forcing 1,150 workers back on the job at the Port of Montreal. Filomena Tassi, labour minister at the time, said the strike had caused significant harm to the Canadian economy and that the parties had shown they were unable to reach an agreement after more than two and a half years of bargaining.

Mediation

On July 13, two federal mediators were appointed to help the parties in the WestJet dispute with their negotiations. An additional special mediator was appointed two days later.

A statement from Hajdu’s office said federal mediators have been working with both parties since May and that the special mediator continues to work with them to help reach a deal as soon as possible.

The office said it expects to see both sides reach an agreement at the bargaining table.

“This is why we have a skilled federal mediation and conciliation service to help support their negotiations,” said the statement. “Canadians are experiencing uncertainty on many fronts, and they are counting on both parties to work together to reach a deal at the bargaining table.”

The federal government’s website says the labour minister can appoint a mediator at any time.

This report by The Canadian Press was first published July 30, 2026.

Catherine Morrison, The Canadian Press

by The Canadian Press

Mediation and legislation: How the government could step into a WestJet strike

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