The court’s decision which paralyzed public transit services in Quebec for five days was based on an interpretation “perhaps a little too restrictive” of the concept of essential services, according to the Minister of Labor, Jean Boulet.
This is what the elected member of the Coalition avenir Québec said on Wednesday at the entrance to a meeting of the Council of Ministers. In June, the Administrative Labor Court (TAT) granted the drivers of the Réseau de transport de la Capitale the right to strike – and therefore not to provide regular bus services – from 1er to July 16, because it was not, according to his analysis, an essential service.
It is rather rare for a minister to comment on an ongoing legal case. However, when questioned on Wednesday on the possibility that the Government of Quebec would legislate to review the definition of essential service following the judgment of the TAT, Minister Boulet cast doubt.
“There had to be – what the court did – an interpretation, which is perhaps a little too restrictive, of the concept of essential service”, he launched to the parliamentary press.
Then, in an interview with The duty during the afternoon, Mr. Boulet underlined that “all laws can evolve and can be improved”. “Make sure we constantly analyze,” he said.
The CAQ Minister had already reviewed the Labor Code in 2019 to align it with decisions of the Supreme Court of Canada and the Superior Court of Quebec recognizing the right to strike as a constitutional right in the eyes of the Canadian Charter of rights and freedoms.
“The restrictive interpretation [du TAL]it stems from the constitutionalization of the right to strike”, he continued.
In the morning on Wednesday, Prime Minister François Legault had also hinted that the concept of essential service could be reviewed. “For now, the way the law is written, there is a burden of proof. You have to be able to prove that it is a service that is essential,” he said.
“Already, the way it works, we could possibly demonstrate, perhaps, that it is an essential service. But it’s on a case-by-case basis,” he added.
Members of the drivers’ union were voting Wednesday afternoon on a tentative deal that could see them return to work this week.