Air Canada flight attendants are defying a federal back-to-work order, prolonging a strike that has already stranded tens of thousands of passengers and creating a direct clash between union power and government authority.

Air Canada Operations Still In Turmoil As Flight Attendants Refuse To Return To Work

The Canada Industrial Relations Board (CIRB) directed flight attendants to immediately resume duties after Labour Minister Patty Hajdu invoked Section 107 of the Canada Labour Code to impose binding arbitration. But CUPE, the union representing 10,000 cabin crew, has vowed to continue striking, calling the order unconstitutional.

“This is not a decision that I’ve taken lightly, but the potential for immediate negative impact on Canadians and our economy is simply too great,” Hajdu said when announcing the intervention.

But on Sunday, CUPE President Mark Hancock tore up the CIRB order in front of members at Toronto Pearson, declaring that the government had overstepped its bounds.

“We are saying no. This order takes away our members’ democratic right to vote on their contract and enshrines the exploitation of unpaid work. We will not comply.”

The strike began when contract talks collapsed over inflationary wage increases and compensation for ground duties like boarding and deplaning, which flight attendants argue remain unpaid. Air Canada had offered what it described as a 38% increase over four years, which it said would make its flight attendants the best compensated in Canada. CUPE rejected that offer, calling it below inflation and below industry standards.

Air Canada condemned the defiance and said it would work with the government to enforce the CIRB order.

“We regret the impact this disruption has on our customers and communities, but the union’s refusal to comply with a lawful order is unacceptable. We are ready to resume full service as soon as crews return.”

The Legal Framework Ahead

Legally, CUPE has filed a challenge in Federal Court, arguing the order violates collective bargaining rights protected under the Charter. However, under Canadian law, filing an appeal does not suspend the obligation to comply. The CIRB has limited discretion once directed by the minister, and only the courts can overturn such an order. That process, through the Federal Court and potentially the Federal Court of Appeal, could take months or even years.

Not to go too deep into the weeds (and I am not an expert in Canadian labor law), but as I understand it, CIRB has stated it has no authority to challenge the validity of ministerial directives issued under Section 107 of the Canada Labour Code. This means that once the Minister of Labour issues a directive under Section 107, the CIRB considers itself obligated to implement it, even if the directives raise important questions about labor law or collective bargaining rights, as protected by Canada’s Charter of Rights and Freedoms. This was at the heart of the 2024 railway dispute (the CN/CPKC case).

In the meantime, Air Canada has postponed restarting flights until at least Monday evening. Even if attendants return, the airline has warned that it may take up to a week to stabilize its schedule.

CONCLUSION

CUPE’s refusal to comply with the CIRB has set up a legal and practical test of Ottawa’s authority. While the courts may ultimately decide whether the order is constitutional, passengers remain caught in the middle, facing uncertainty until operations resume.

I’m drawn back to the pandemic, when truck drivers descended upon Ottawa and blocked US-Canadian border checkpoints to protest Prime Minister Justin Trudeau’s vaccine mandate. Invoking the Emergencies Act, government officials froze truckers’ personal and corporate bank accounts and compelled tow truck companies to haul away vehicles. Will the Carney government now argue it must also use heavy-handed tactics to get striking Air Canada flight attendants back to work?

image: @OFLabor / X