Canada Post ruling changes power dynamics in public sector labour disputes
The Ontario Court of Appeal has ruled that back-to-work legislation violates workers' constitutional right to strike but can be justified when paired with fair, neutral arbitration. The Feb. 6, 2026, decision in Canadian Union of Postal Workers v. Canada (Attorney General), written by Justices Pepall, Lauwers and Dawe, establishes a new constitutional framework for government intervention in labour disputes following a five-week Canada Post strike in 2018.
The court found that while the Postal Services Resumption and Continuation Act limited postal workers' freedom of association under the Charter, the government demonstrated the legislation was justified because it included an impartial arbitration process designed to replicate what the union would have achieved through free collective bargaining.
On Oct. 22, 2018, Canadian Union of Postal Workers began rotating strikes across several cities after a year of unsuccessful bargaining. The strikes continued for five weeks, affecting mail and parcel delivery nationwide. On Nov. 8, 2018, Prime Minister Justin Trudeau told reporters that "all options [would] be on the table" to resolve the labour dispute if the parties did not reach a resolution shortly.
Two weeks later, Parliament passed the Postal Services Resumption and Continuation Act. The legislation required Canada Post to resume regular postal services and employees to ...
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