Hello, Mr. Chair and members of the committee.

Thank you for inviting me.

You will notice that my vocabulary is quite different from that used by the people who spoke before me. I am here to represent the members of the Canadian Union of Public Employees, or CUPE, who work at the ports of Montreal, Trois-Rivières and Bécancour, that is, dockworkers of Trois-Rivières and Bécancour, local 1375, grain sector workers, local 5317, and rail workers, local 5598, of the Port of Montreal.

My main concern today is of course maintaining and improving working conditions for our employees in the shipping and rail sectors.

On October 16, 2023, you heard the concerns of my colleagues Robert Ashton and Michel Murray regarding the potential impact of Bill C‑33 on labour relations and labour law.

I noted the assurance provided on October 16 by the assistant deputy minister, policy, at Transport Canada, Serge Bijimine, who stated that Bill C‑33 is not expected to apply to labour relations.

Mr. Bijimine also agreed to obtain a legal opinion on the matter, if that had not already been done.

In any case, the best way to ensure that the bill does not interfere with labour relations or labour law is to add a clause to that effect right in the bill.

Consider for example the new clause 17.4 of Bill C‑33 which gives the minister full power to intervene if he is of the opinion that something has to be done to respond to a threat to the security of transportation, including the security of goods, which is very broad.

Similarly, the new subclause 31(2) provides for the issuance of an emergency certificate.

There appears to be some confusion in Bill C‑33 as to the concepts of “security” and “safety”. This confusion was also mentioned for other reasons in the Railway Association of Canada brief.

Moreover, clause 107.1(1) of the bill provides that, if the minister is of the opinion that there is a risk of imminent harm, specifically to national economic security or competition that constitutes a significant threat to the security of goods or the supply chain, the minister may order a port authority to take any measure that the minister considers necessary to prevent that harm.

At CUPE local 5598, the Montreal Port Authority is my direct employer and that of the rail workers. You can appreciate our concern, especially since this clause gives the minister full discretion in certain situations.

In short, without basic parameters in Bill C‑33, we are afraid that the minister's new powers could be used to undermine fundamental rights, including labour rights. I am of course referring to the freedom of association in paragraph 2d) of the Canadian Charter of Rights and Freedoms, as well as the right to freedom of expression and peaceful assembly, in paragraphs 2b) and 2c).

Such parameters are present in Canadian legislation and jurisprudence, such as the Canada Labour Code. They are also present in international treaties and international jurisprudence, including those of the International Labour Organization and its International Labour Office, in convention 87, the International Convention on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.

These are basic treaties linking us with the United Nations and other countries around the world. They serve to safeguard social justice and uphold fundamental rights, including the right to association, which includes the right to bargain and to strike.

That is why we are appearing today to appeal for the addition of an interpretation clause in Bill C‑33, along the following lines: “The interpretation and application of this act must not in any case interfere with labour relations and must respect: a) fundamental rights, including the right to association; b) the Canada Labour Code; c) international labour law and Canada's commitments in that regard.

If Bill C‑33 prohibits interference with labour relations, I think that should be spelled out to prevent any confusion. There you have it.

Thank you for your attention and your assistance.

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