Air Canada Pilots, Machinists Challenge Back-To-Work Legislation

Two of Air Canada's largest employee groups are launching constitutional challenges against federal back-to-work legislation that prevents a strike or lockout at the country's largest carrier.

The union representing pilots said Tuesday that it filed suit in Ontario Superior Court, while the International Association of Machinists and Aerospace Workers (IAMAW) added it will soon pursue its own effort.

Both groups, which together represent more than 11,000 airline employees, are the last group of workers without updated collective agreements.

The pilots said the law passed last week forces them to fly and accept a contract imposed by arbitration in contravention of the Canadian Charter of Rights and Freedoms.

"The legislation was Draconian overkill," Capt. Paul Strachan, president of the Air Canada Pilots Associations said in an interview.

Neither side was able to strike or lock out workers once Labour Minister Lisa Raitt referred the matter to the Canada Industrial Relations Board.

The pilots said the Protecting Air Service Act prohibits pilots from exercising their right to strike and contravenes three sections of the Charter.

"We believe there's jurisprudence to support our position and we'll take it as far as we have to."

Raitt wouldn't comment specifically on the pilots lawsuit, but said the government acted to prevent a work stoppage that would have a significant effect on the economy.

"It was in the public interest that we passed legislation to prevent both a strike and lock out," she said in an email.

In an application before the Ontario court, the pilots also argue that forcing them to fly conflicts with their legal obligations under the Canadian Aviation Regulations. Those regulations prohibit pilots from flying if they have any reason to believe they are unfit to properly perform their duties.

Several Air Canada flights were cancelled last weekend when pilots called in sick after they determined through self-assessments that they were unfit to fly.

Strachan insisted that the union didn't orchestrate pilots to call in sick. Air Canada has asked the Canada Industrial Labour Relations Board to declare the actions an illegal strike.

The airline declined to comment on the legal challenge by pilots because it was before the courts.