Canadian Union of Postal Workers v. Canada

The case Canadian Union of Postal Workers v. Canada involves a constitutional challenge by the Canadian Union of Postal Workers (CUPW) against the Postal Services Resumption and Continuation Act (PSRCA). Enacted in 2018, the PSRCA ended rotating strikes by postal workers and imposed a new collective bargaining process.

Key Points:

1. Mootness:
   • The court found the case moot because the PSRCA had already achieved its purpose and was no longer in force. The collective bargaining process that followed concluded with a new agreement, later replaced by a freely negotiated one.
2. Charter Challenge:
   • CUPW argued the PSRCA violated their members' freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms by infringing on their right to strike and imposing arbitration.
   • The court acknowledged that the PSRCA did infringe on the right to strike but found the infringement justifiable under section 1 of the Charter, given the minimal impairment of rights and the fairness of the arbitration process.
3. Costs:
   • CUPW settled costs with the Attorney General but contested the nearly $500,000 sought by Canada Post Corporation (CPC) as an intervenor. The court reduced CPC's award to $150,000, criticizing the high request.
4. Outcome:
   • The application was dismissed due to mootness. The court noted that even if the case weren’t moot, the PSRCA would likely have been upheld as constitutionally justified.