Finance committee  I just note again that my friend from the Frontier Centre and I agree about the need for review. I think this committee ought to seriously take that into account in its deliberations.

Finance committee  I'm open to any suggestion you might make.

Finance committee  I have not seen the list you're referring to. I heard the minister on the radio saying that he would decide after the fact what is and isn't. But if there's a list, great. The point is that under the current regime and under the regimes in place in every province except for Saskatchewan, which is on its way to the Supreme Court of Canada, the short answer is, yes, people don't trust the employer to exercise an unfettered discretion to decide, in the case of the federal government, who's essential to safety and security.

Finance committee  They are strong words, but the government is proposing to do just that, and that's the problem with this bill.

Finance committee  I think many witnesses who have appeared here seem to be of that view, including my friend from the Frontier Centre. That's one area where we actually agree. It's not that often necessarily that we agree, and I think when there's a concern being expressed by him and by me and by many others about the lack of consultation, you're exactly right.

Finance committee  I just want to follow up on some of the earlier comments in terms of the constitutionality, which affects your question, I think. The real abuse, as the Supreme Court of Canada has said, is that the Charter of Rights gives as least as much protection to Canadians as is afforded under international law protections of freedom of association, and under international law the right to strike is protected.

Finance committee  Too long, since 1985.

Finance committee  No, none whatsoever. In fact, as I said, it defies the non-partisan tradition, particularly for the federal government, of consulting meaningfully before changes are brought in and seeking expert advice. For example, I'm not aware of the essential service designation having caused any loss of delivery of essential services or any real risk to safety or security.

Finance committee  That's right, and it will force unions like the lawyers—my former client, actually—to engage in strike action. They have no interest in engaging in strike action. They view it as inconsistent with their professional obligations. Of course, if the government ends up designating most of them as essential, they're going to lose access to any truly independent arbitration mechanism.

Finance committee  Yes.

Finance committee  I'll wrap up. Second, it eliminates arbitration unless 80% of employees are designated essential, and therefore it potentially eviscerates any meaningful right to bargain. Third, even where 80% are designated, arbitration boards are to give preponderant weight to the government-stated budgetary policy.

Finance committee  Thank you Thank you for inviting me to appear. I've been a labour lawyer involved in collective bargaining for government employees in the broader public sector for almost 30 years. I also have considerable experience in appearing before the Supreme Court of Canada in Charter of Rights cases.

Finance committee  The absence of any kind of balance and any attempt to achieve mutual acceptability and consensus is corrosive of good labour relations and is likely to lead to substantial labour relations workplace instability. We know from bitter experience that employees who believe that they are working under unfair and arbitrary rules for determining their employment conditions will inevitably find ways to express their displeasure and unhappiness, resulting in low morale and lost productivity.