Workers in most other comparable countries have more freedom than Canadians to disassociate themselves from unions they find ideologically objectionable, says labour expert John Mortimer.
Mr. Mortimer, who is president of the non-profit Canadian LabourWatch Association, discussed with The Epoch Times the realities workers face if they want to stop paying dues to unions such as the Canadian Union of Public Employees (CUPE).
Unusual Power Given to Unions
Labour law across Canada gives an unusual amount of power to unions in a couple of ways, Mr. Mortimer said.Firstly, union membership may be a mandatory condition for certain employment. If you choose to leave the union, you may be fired.
It depends on the collective agreement and jurisdiction, but unlike in many other countries, Canada’s regional governments, unions, and employers have the power to make union membership mandatory.
“Unions don’t tend to go for ‘capital punishment’ on the membership question, but it has happened. It can happen—that’s the really important thing,” he said.
Secondly, unions are allowed to use the money collected from members for political or ideological purposes. In most European countries, as well as Australia and New Zealand, that isn’t the case, Mr. Mortimer said.
“They couldn’t give money to a political party, couldn’t give it to a social cause, couldn’t use it to fund LGBTQ flags, couldn’t use it to fund anti-Israeli or pro-Palestinian flags,” he said.
According to Mr. Mortimer, workers in other countries have more freedom to dissociate from labour unions, and those unions aren’t allowed to use the dues they collect for anything but collective bargaining in the interest of their members. The European Court of Human Rights has determined this, he said.
On the other hand, he noted that Canada’s Supreme Court has historically ruled in favour of unions’ powers in these regards.
Canada’s charter rights are not absolute; judges must balance competing rights and decide on a reasonable limitation.
“An opting‑out formula could seriously undermine the unions’ financial base and the spirit of solidarity so important to the emotional and symbolic underpinnings of unionism.”
Mr. Mortimer doesn’t agree with this and other decisions that infringe on workers’ rights.
“What we’ve done in Canada ... is say we’re going to justify the violation of people’s rights,” he said. “The European Court of Human Rights, which oversees 47 countries and almost a billion people ... have said, ‘No, European workers cannot be forced into union membership.’”
Religious Exemption
Toronto-based labour and employment lawyer Seann McAleese has suggested CUPE members apply for an exemption from paying dues based on religious convictions or beliefs. “Hit [CUPE] ... on dues,” he urged on platform X on Oct. 10.Mr. Mortimer said religious exemptions are rarely granted because you have to thoroughly prove that scripture or the theology that you sincerely follow prohibits you from being part of the union or paying dues for a specific reason.
Mr. Mortimer said the hypothetical situation of someone looking to withdraw dues from CUPE over its Israel-Hamas views is unlikely to work.
Donate Dues to Charity Instead
David Jacobs, president of the Ontario Association of Radiologists, suggested in an X post on Oct. 10 that the law allows members to donate their dues to charity instead.Vote to Decertify the Union
Another suggestion floated on X is to have CUPE members vote to decertify the union and seek alternate representation.The first step alone can require rallying hundreds or thousands of union members. One must gather enough signatures on a petition to start the process (40 percent of union members, according to Ontario’s regulations).
Various provincial rules make the process complicated and difficult, they say. For example, many provinces have limited time periods for submitting an application to decertify.
Other Difficulties
The United States has dealt with similar calls from workers to allow them to stop paying union dues. The U.S. Supreme Court decided in a landmark case in 2018 that union members cannot be forced to pay dues. In the eight months following the decision, almost 50,000 California government employees alone stopped paying their dues.At the time, some of those involved in the case told The Epoch Times that unions started raising dues for remaining members to compensate for the losses. They also said many workers stayed in the unions out of fear they would be ostracized or left vulnerable.
Chris Vander Doelen, a former member of the Unifor union in Windsor, Ontario, who also worked as a journalist reporting on union-related issues, told The Epoch Times workers worry about the repercussions from cutting ties with unions.
“It’s very common [for unions] to threaten, ‘Well, just wait until you have a problem with your pension. I’m not going to help you,’” Mr. Vander Doelen said.
He said he personally knows people who have been intimidated by unions in many ways. Representatives have allegedly impacted their work schedules and benefits, or have taken similar action against their family members who are also unionized.
“We are horrified by the Hamas attack on Israel and the retribution by the State of Israel on the people of Palestine,” it said. “CUPE has long recognized the need for the Israeli government to withdraw from the occupied Palestinian territories.”
For union members who don’t agree with CUPE, it’s “practically impossible” to withdraw their support, Mr. Vander Doelen said.
“You have to jump through so many hoops,” he said. “You basically have to go to court, and you have to have a lot of money to fight it in court in order to enforce the law. But even if you were able to do it, like I said, they'll make you pay.”