The recent strike by Air Canada flight attendants has cast serious doubt on the effectiveness of Section 107 of Canada’s Labour Code, according to labour leaders. Canadian Labour Congress president Bea Bruske declared the provision “effectively dead” after workers openly defied a government back-to-work order and remained on the picket line until a tentative deal was reached.
The work stoppage began just after 1 a.m. on August 16, when flight attendants walked off the job following failed contract negotiations. Air Canada responded with a lockout about half an hour later. By noon that day, Jobs Minister Patty Hajdu invoked Section 107, which grants authority to impose binding arbitration to “maintain or secure industrial peace.” Despite the order, flight attendants stayed on strike, forcing negotiations to continue. A tentative agreement was finally reached early on August 19.
Bruske praised the defiance, saying it proved that solutions must be found at the bargaining table, not imposed by government intervention. She argued that the repeated use of Section 107—invoked eight times since mid-2024—has emboldened unions to resist compliance. “It sets a precedent that you can defy and still reach a fair deal,” she said, calling for the provision to be scrapped altogether. CUPE president Mark Hancock echoed this view, arguing that Section 107 encouraged employers to avoid serious bargaining, relying instead on arbitration.
The dispute also drew wider attention from the labour movement, with unions pledging support for CUPE and framing the defiance as a turning point in collective bargaining rights. Bruske noted that government interference only prolonged the standoff, while Hancock warned that continued reliance on the clause would undermine fair negotiations.
Business leaders, however, voiced concern about the precedent being set. Daniel Safayeni, president and CEO of FETCO, said Section 107 has been upheld as constitutional and remains necessary to safeguard critical industries and supply chains. He cautioned that ignoring government orders “sets a dangerous precedent” and risks destabilizing the labour system.
While it remains unclear whether there will be consequences for Air Canada’s flight attendants, union leaders say the episode has sent a strong message. The strike, they argue, reinforced that the only path to real agreements lies in direct bargaining—and that Section 107 may no longer be a viable tool for government intervention in labour disputes.