Hon. Frances Lankin: Honourable senators, my question is to the Government Representative in the Senate. It won’t surprise you, Senator Gold, to know that I am returning to the Port of Montreal issue. I remain extraordinarily concerned that we made a mistake in this chamber and failed to do our duty.

I have, through internal documents read to you, evidence — what is evidence to me — that COVID was not the main concern and cannot be put forward as a way to justify a section 1 overruling of workers’ rights. You have responded that it was multi-factored, and I agreed. You talked about the economic impact. I’d ask you rhetorically what strike or lockout doesn’t have an economic impact.

In fact, this issue was reviewed for a year and a half by the Canada Industrial Relations Board in examination of the employer application for this to be declared essential work and to prohibit a strike. Their reasons were 82 pages long.

It has been stated many times by the board in the past that essential services’ right to strike and right to lockout are protected by code. They go on to say that this clearly is not a situation where these jobs are essential services. Could you respond on that point and tell us why the government then decided it had Charter-free access to use return-to-work legislation?