Back in the Red Chamber to debate third readings of Bill C-89, the government's legislation that would order postal workers to stop their rotating strikes and return to work. I'll be live-tweeting hightlights.#SenCA
Today's proceedings will be a real test of the Independent senate model. Let me try to explain what I mean, from my own very personal perspective as a newbie Senator. #SenCA
IF, for example, I were a Liberal (or Independent Liberal) Senator, my choice would have been clear. If I were a Liberal, I would vote in favour of the Liberal government's bill. My choice would be clear.
IF I were a Conservative Senator, I would also vote in favour of this bill, which was supported strongly by the Conservative caucus in the "other place". (That's what they call the House of Commons over here.) #SenCA
Ironically, in this instance, the Liberals and the Conservatives are on the same page in regard to this bill. #SenCA
But here I sit, an Independent Senator. I'm part of no party caucus. I'm not "whipped" - and neither are my ISG colleagues. This leaves us - or at least me - with a serious dilemma. #SenCA
Senators can't just vote against government legislation because they don't like. We don't get to defeat bills just because we don't agree with them. We're not elected - and constitutionally, we must generally defer on policy matters to the elected Other Place. #SenCA
We can suggest amendments. But we really only defeat things when there are serious constitutional and Charter issues in play. And that's why this back-to-work debate is so knotty and complicated. #SenCA
Is this a Charter issue? Arguably, it is. The Charter guarantees freedom of association. And in recent years, the courts have interpreted and extended that to argue that there is a constitutional right to strike. #SenCA
However, Charter rights have reasonable limitations. And arguably, it may indeed be reasonable for a government - Liberal or Conservative - to order postal workers back to work at Christmas time, given the degree of costly inconvenience in such a strike. However....
Has the government demonstrated that ordering postal workers back to work at this time is reasonable? Is this matter so urgent, so necessary, that it required this kind of extraordinary intervention in the collective bargaining process? #SenCA
If the bill does infringe on the Charter, do we, as Independent Senators, have an obligation to vote against it? Do we even have a duty to try to defeat it? That's the very live issue before us today. And it has huge consequences for the Independence experiment. #SenCA
If Independent Senators simply endorse the bill, we run the very real risk of being called out and derided as de facto Liberals, as government appointees who are doing what the government wants. #SenCa
BUT - if we defeat the bill, we run a different risk, the risk of undermining the Independence experiment, by defying the will of Parliament, and looking like we don't understand constitutional conventions of deference. #SenCA
This leaves me to mull many things. I am not a fan of strikes. Like many Canadians, I find them annoying and inconvenient. And in this case, there's no doubt rotating strikes at Christmas time will be a huge and expensive pain for many merchants and shoppers. That said....
There are many alternatives to Canada Post these days. Email for letters. Direct deposit for cheques. Interact transfers for bill payment. And many private sector courier services. So is this rotating strike a crisis requiring intervention? #SenCA
God knows, Canada Post & CUPW have a long history of labour disputes. It would be great to see them resolve without interference. But the mediator has walked away, saying there's no likelihood of agreement now. Certainly, taking away the union's greatest leverage is an issue.
So I am sitting here in the Chamber, undecided. Has the government proved to my satisfaction that this bill is constitutional? Has it proved the matter is so urgent that the law is a reasonable limitation under Section One of the Charter?
And even if I personally conclude that the bill may be unconstitutional, how to do I most responsibly exercise my vote as a senator? So yes. I'm sitting here, listening hard to the debate. Mulling. Considering. Being independent and unwhipped. And debating with myself, too.
