The scab ban is here but the fight isn’t over

For decades, Canadian workers in federally regulated sectors faced an uphill battle at the bargaining table. Employers had the upper hand, bolstered by their ability to hire replacement workers, or “scabs”, during strikes and lockouts. That imbalance finally began to shift on June 20, when Canada’s long-awaited federal anti-scab legislation came into effect.

The new law applies to workers in interprovincial transportation, broadcasting, banking, and telecommunications; sectors where strikes can be powerful and disruptive tools. Employers can no longer legally bring in scabs to keep business running when union members walk off the job. This is a long-overdue protection, bringing federal workers in line with provincially regulated employees in Quebec, British Columbia, and Manitoba, who already enjoy similar rights.

The Canadian Labour Congress marked the occasion by spotlighting workers whose strikes were previously compromised by scabs. Their experiences echo what workers across Canada have endured: good-faith bargaining undermined by employer tactics that strip strikes of their impact. The law gives workers at giants like Rogers, CN Rail, and major ports the chance to negotiate without that constant threat.

But let’s be clear, this win didn’t come from federal goodwill. The Liberals only backed anti-scab legislation under pressure from the NDP, part of their 2022 supply-and-confidence agreement. Historically, Liberal leaders, including Justin Trudeau, opposed scab bans. Workers and unions forced their hand.

Even now, the law’s enforcement is shaky. Within days of its enactment, Unifor accused DHL of continuing to use scabs during a national lockout involving over 2,100 workers. DHL requested a special exemption from Ottawa; a bold move that shows how casually employers still treat labour law. Though a tentative agreement was reached shortly after, the union’s complaint to the Canada Industrial Relations Board remains unresolved, and whether employers will face meaningful penalties remains to be seen.

Meanwhile, in provinces like Ontario, where no anti-scab protections exist, employers still use replacement workers with impunity. At a Toronto-area assisted living facility, for example, striking personal care workers have been met with a steady stream of scabs. And data from Manitoba suggest this is no outlier; scabs were used in over a third of strikes there between 2016 and 2023.

While the new federal law includes reforms to the “maintenance of activities” process, which determines essential staffing during labour disputes, it’s too early to say whether these measures will bolster or hinder workers’ ability to strike effectively.

One thing is certain: passing the law is not the end of the fight. Vigilance is key. Workers must ensure enforcement, call out violations, and push provinces to follow suit. The right to strike is fundamental and, for too long, employers have played by a separate set of rules.

The scab ban is a major victory. But a right on paper means little without the power to defend it.

#WorkersRights #AntiScabLaw #CanadianLabour #UnionStrong #Unifor #LabourMovement #NoScabs #FairBargaining #JusticeForWorkers #StrikeSolidarity #DHLStrike #NDP #CanadaPolitics