Hon. Marc Gold (Government Representative in the Senate): Thank you for the question. I will try to be brief.

The government introduced back-to-work legislation because it was persuaded that the immediate and long-term impact on the Canadian economy caused by the prolongation of this strike in the Port of Montreal was sufficiently serious to justify the legislation. The government took great care in the legislation to make sure that it complied with the highest jurisprudential standards as set out by our courts to find the right balance between the right to strike, which is a constitutionally respected right, and the processes for resolving disputes.

That’s why the legislation included what is called in the business an “escalator clause,” which is mediation, arbitration and the like. So it is not that the government believed it was a Charter-free exercise but rather that it was a Charter-compliant exercise. Here in the chamber, we came to that conclusion after appropriate debate. As I said, the courts are there to review our decision, and we await those results.