The industry representing Canadian telecommunications carriers and manufacturers is warning that new "anti-scab" legislation could leave Canadians in the dark if a network goes down during a labour stoppage.
He said the wording of Section 87.4 of the code, which deals with maintenance of activities agreements, has prevented carriers from proving their necessity before the Canadian Industrial Relations Board in the past."I think, among some people, there wasn't a full awareness of how the board has previously interpreted Section 87.4."
Smith said that sets a precedent which could have dire consequences when combined with the replacement worker ban. Maintenance of activities agreements would also still be mandatory to protect emergency telecom services, such as the ability to dial 9-1-1, said William Hlibchuk, a partner and employment and labour lawyer with Norton Rose Fulbright Canada.
Russell Groves, a partner at Dentons who practises employment and labour law, said the CIRB is not necessarily bound by its 2003 ruling, noting there have been developments in case law over the past two decades which could affect future decisions. "That uncertainty is going to pervade through negotiations, through the employers' operating plans. Even if they got a ruling in their favour, there's going to be a lot of uncertainty leading up to that," he said.
"The legislation is going to allow the system to bend more. Whether or not it causes it to break remains to be seen."Melania Trump Gives Rare Statement After Donald Trump's Rally Shooting