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Originally Posted by iggy_oi
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From my link:
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Also, technically speaking, this approach does not actually order the end of the strike. Rather, it just pauses the strike (and lockout) until Mr. Kaplan’s investigation is complete. Obviously, the government hopes that the pause and intervention of Kaplan will ultimately lead the parties to reach a deal prior to April. But, provided the CIRB finds that a settlement is unlikely, the Minister’s move at least permits Canada Post to make some December deliveries. By not “ending the strike”, the government might also hope to have sheltered itself from a more obvious Section 2(d) Charter complaint that it has banned a strike. In theory, I assume that it’s possible the strike could resume after Kaplan’s report is issued in April and the extended collective agreement terms have expired.
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Because this is not 'back to work' legislation, it isn't the same as the 2011 situation. So it is indeterminate if the courts would find it a Charter violation, but on the face of it, it seems this was designed to specifically have avoided that.
I guess I'm a sucker for punishment. Ooh, and I even got a Pepsi drive-by.