AT A GLANCE: The Tribunal administratif du travail (TAT), Quebec’s labour tribunal, has concluded that certain provisions of Bill 14 unjustifiably infringe on freedom of association and the right to strike. This decision represents an important step forward for the labour movement, but the government could still challenge it in court.
The Tribunal administratif du travail (TAT), Quebec’s labour tribunal, has issued an important decision protecting the right to strike in Quebec. On October 9, a panel of three administrative judges concluded that certain provisions of Bill 14 unjustifiably infringe on freedom of association, as protected by the Canadian and Quebec charters.
Since Bill 89 was first introduced, before becoming Bill 14, several labour organizations, including the QFL and UES800, had warned about the potential consequences of these provisions for the right to strike and the balance of power between workers and their employers.
This decision therefore marks an important development in a matter that UES 800 has been closely following from the beginning.
A new framework that weakened workers’ bargaining power
Adopted in 2025, Bill 14 introduced a new framework into Quebec’s Labour Code for maintaining services intended to ensure the well-being of the population. Under this framework, the government can designate, by decree, the employers and unions to which these provisions may apply. The TAT can then determine whether certain services must be maintained during a strike or lockout to prevent a disproportionate impact on the population’s social, economic or environmental security.
An unjustified infringement on freedom of association
The first test of this new framework arose during a labour dispute between CPE Le Jardin de Robi, a childcare centre in Roberval, and its workers represented by the FSSS-CSN.
In its October 9 decision, the TAT concluded that sections 111.22.3 to 111.22.16 of the Labour Code substantially interfere with the collective bargaining process by restricting the exercise of the right to strike. The Tribunal also found that this infringement on freedom of association cannot be justified under the Canadian Charter of Rights and Freedoms or Quebec’s Charter of Human Rights and Freedoms.
Among the concerns identified, the Tribunal noted that the framework could encourage employers to delay negotiations rather than engage in them, undermine the balance of power between the parties, and prolong labour disputes instead of helping resolve them.
An important decision for the labour movement
This decision represents a major development in the challenge to Bill 14. However, its scope must be clearly understood: the TAT did not invalidate the entire law. Its decision concerns the framework for maintaining services intended to ensure the well-being of the population, specifically sections 111.22.3 to 111.22.16 of the Labour Code, in the case before it.
For UES800, this decision highlights the importance of remaining vigilant when legislative changes threaten to weaken union rights. The right to strike is not simply one bargaining tool among many. It is an essential part of the collective bargaining power that allows workers to negotiate their working conditions.
The government still has legal options to challenge this decision in court. However, according to the QFL, the Parti Québécois had pledged during the election campaign not to pursue a legal challenge to Bill 14. It remains to be seen whether that commitment will be honoured.
UES800 will continue to closely monitor developments in this case and the government's next steps.