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Last year saw unprecedented use of Section 107 of the Canada Labour Code to end labour disputes, raising questions about just how much unfettered power the section gives the federal minister of labour. Labour unions are challenging the use of the provision at the Canada Industrial Relations Board (CIRB) and in Federal Court, particularly when the Board says it has no discretion but to implement the minister’s orders. Section 107 states that the labour minister, where expedient or necessary to secure industrial peace, may refer questions to the CIRB or direct the Board to do things the Minister deems necessary.…
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