Rapport intérimaire - Rapport No. 131, 1972

Cas no 699 (Canada) - Date de la plainte: 10-MAI -72 - Clos

1. 203. The complaints are contained in two communications, one dated 10 May 1972 and addressed direct to the ILO by the World Confederation of Labour, and the other dated 12 May 1972 and addressed direct to the ILO by the International Federation of Employees in Public Service and the World Confederation of Teachers. The WCL transmitted further allegations and additional information in a communication dated 26 May 1972.
2. 204. The text of the two first-mentioned communications was transmitted to the Government, which submitted, in a communication dated 26 May 1972, the observations of the Government of the Province of Quebec, dated 25 May 1972, on the complaint of the World Confederation of Labour dated 10 May 1972.
3. 205. Canada ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), on 23 March 1972, but has not ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 206. In the communication dated 10 May 1972 the World Confederation of Labour states that 48 trade union leaders in Quebec have been arrested and sentenced for calling a strike. Among these are three presidents of federations, including Marcel Pépin, who is President of the Confederation of National Trade Unions and Vice-President of the World Confederation of Labour. In its communication Of 12 May 1972, the International Federation of Employees in Public Service and the World Confederation of Teachers refer to the arrests and sentences and express their condemnation of the acts of the Government.
2. 207. In its observations dated 25 May 1972 the Government of the Province of Quebec states that the general strike in the public sector took place in Quebec in April 1972 and the intervention of the courts in this matter was in accordance with the laws now in force in the Province.
3. 208. In fact, states the Government, the law concerning the public service and the Labour Code permit strikes and the Labour Code lays down certain requirements to be observed before calling a strike. Section 99 of the Labour Code, however, lays down that " whenever, in the opinion of the Lieutenant-Governor in Council a threatened or actual strike in a public service endangers the public health or safety, he may appoint a board of inquiry which shall have the powers of a council of arbitration to inquire into and report upon the dispute ". The same section provides that " upon the petition of the Attorney-General after the appointment of a board of inquiry, a judge of the Superior Court, if he finds that the strike imperils the public health or safety, may grant such injunction as he deems appropriate to prevent or terminate such strike ". The Government points out in this connection that an injunction is not designed to remove the right to strike permanently but rather to suspend it for a period of 80 days.
4. 209. In accordance with these provisions, the Quebec Government requested an injunction to order the return to work of employees in certain sectors, such as psychiatric hospitals and hospitals for the chronic sick and also old people's homes. These injunctions were sent to the workers and their union leaders.
5. 210. At that point the attitude of the union leaders became one which was unconnected with labour relations and was in contravention with section 51 of the Code of Civil Procedure, as well as section 761 of this Code, which lays down penalties for refusing to observe an injunction and thereby committing an act of contempt of court. Accordingly, continues the Government, the sentencing of three officials of federations and of other trade union leaders for such contempt is not a matter concerning labour law but one concerning a breach of the ordinary law of Quebec.
6. 211. The Government also points out that the legislation is completely in conformity with the requirements of Convention No. 87 and draws attention to Article 8 of this Convention whereby " workers and employers and their respective organisations, like other persons or organised collectivities, shall respect the law of the land ".
7. 212. The Government transmits the texts of the Civil Service Act and the Labour Code, and a copy of the judgement of the Superior Court of Quebec in the case against Marcel Pépin and two other trade union presidents, namely Louis Laberge and Yvon Charbonneau, who were all charged with contempt of court for breach of an injunction granted on 1 April 1972 to prevent workers in some 50 hospitals for the chronic or mentally sick going on strike before 9 June 1972.
8. 213. From the above-mentioned judgement, it appears that the Court found that there bad been a voluntary and deliberate breach of the injunction and that this had resulted in grave consequences for the patients in the hospitals in question. Owing to the gravity of the matter, the court considered appropriate a sentence of 12 months' imprisonment for each of the three accused.

B. B. The Committee's conclusions

1. 214. The Committee notes that the complaints concern the arrest and sentencing to imprisonment of three presidents Of federations and other trade union leaders for breach of an injunction granted by the court on the application of the Attorney-General to postpone strike action for 80 days in the hospitals, since such a strike would, in his opinion, have imperilled the public health or safety.
2. 215. The Committee also notes from public information that the three above-mentioned trade union leaders, as well as other trade union leaders, have been released on bail, the case being under appeal.

The Committee's recommendations

1. 216. In accordance with the procedure, the complainants were accorded 30 days within which to furnish further information in substantiation of the complaint. At the date of the Committee's examination of this case, this time-limit has not expired and certain further allegations and additional information have just been received from the WCL. Accordingly, the Committee recommends the Governing Body to adjourn its examination of this case pending the receipt of any further information which the complainants may wish to communicate.
   • Geneva, 1 June 1972. (Signed) Roberto AGO, Chairman.