INTRODUCTION AND BRIEF DESCRIPTION
This section states that employees and organizations of employees cannot be charged for breaking a contract if they stop work due to disagreement over employment matters, as long as all legal steps for dispute settlement have been taken.
SECTION WORDING
422(2) No person wilfully breaks a contract within the meaning of subsection (1) by reason only that (a) being the employee of an employer, he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment, or, (b) being a member of an organization of employees formed for the purpose of regulating relations between employers and employees, he stops work as a result of the failure of the employer and a bargaining agent acting on behalf of the organization to agree on any matter relating to the employment of members of the organization, if, before the stoppage of work occurs, all steps provided by law with respect to the settlement of industrial disputes are taken and any provision for the final settlement of differences, without stoppage of work, contained in or by law deemed to be contained in a collective agreement is complied with and effect given thereto.
EXPLANATION
Section 422(2) of the Criminal Code of Canada provides an exception to the offence of wilfully breaking a contract. Breaking a contract is a serious offence and is punishable under the Canadian criminal law. However, if an employee stops work as a result of a disagreement with their employer regarding any matter relating to their employment, this does not constitute as wilfully breaking the contract. Similarly, if a member of an organization of employees stops work as a result of their employer's failure to agree on any matter relating to their employment, it also does not constitute wilfully breaking the contract. This exception only applies if all the steps provided by the law for the settlement of industrial disputes are taken before the stoppage of work occurs and if provisions for the final settlement of differences, without stoppage of work, contained in the collective agreement are complied with and given effect. In other words, employees and their employers must follow the legal procedures for resolving their disagreements and must make every effort to reach an agreement before resorting to stopping work. The purpose of this section is to recognize the right of employees to engage in collective bargaining and to strike as a last resort in order to resolve their disputes with their employers. However, this right is subject to certain limitations, as employees must follow the legal procedures and comply with the collective agreement provisions in order to protect the rights of their employers and other affected parties.
COMMENTARY
The fundamental purpose of criminal law is to protect society by establishing a set of rules and norms that prevent and punish harmful acts. Section 422(2) of the Criminal Code of Canada is an exception to this fundamental principle. It provides that a person who enters into a contract with another may not be criminally punished for willfully breaking that contract when certain conditions are met. Specifically, section 422(2) carves out two circumstances in which an individual may break a contract without committing a crime. The first situation arises when an employee stops working due to a disagreement with the employer over employment-related matters. The second situation is when a member of an employees' organization stops working as a result of a failure of the employer and the organization's bargaining agent to agree on any matter related to the employment of the organization's members. Importantly, before either an employee or a member of an employees' organization may stop working under these circumstances, all steps provided by law with respect to the settlement of industrial disputes must be taken. Any provision for the final settlement of differences, without stoppage of work, contained in a collective agreement must also be complied with and given effect. The reason for this exception is understandable. Industrial disputes can have significant impacts on the overall economy and society, and the ability of employees to stop working provides them with a powerful bargaining tool against employers. In recognition of this reality, the law has allowed for a measure of leniency toward employees who engage in work stoppages as a result of industrial disputes. The provision for a final settlement of differences without stoppage of work is an important aspect of this exception. It shows that the law recognizes that work stoppages can be disruptive and harmful to both parties. Parties to a dispute should make all reasonable efforts to find a resolution that avoids a work stoppage. Overall, section 422(2) strikes a balance between protecting the interests of employers and employees while recognizing the importance of industrial disputes in a democratic society. It provides employees with a limited right to stop work without committing a criminal offense while also encouraging parties to use other dispute resolution methods and find a resolution that avoids a stoppage of work.
STRATEGY
Section 422(2) of the Criminal Code of Canada provides protections for workers who engage in work stoppages as a result of unresolved disputes over employment-related matters. These protections are crucial in ensuring that workers can effectively negotiate with their employers without fear of criminal consequences. When dealing with this section of the Criminal Code, there are several strategic considerations that individuals and organizations should keep in mind. One key consideration is the importance of complying with all legal requirements related to the settlement of industrial disputes. This includes following any procedures outlined in the relevant collective agreement, as well as any applicable labor laws or regulations. Failure to comply with these requirements could potentially result in criminal charges being brought against workers who engage in work stoppages. Therefore, it is important for workers and their representatives to be familiar with the specific legal requirements in their jurisdiction, and to take steps to ensure that they are following them properly. Another important strategic consideration is the potential impact of a work stoppage on the broader community. Depending on the nature of the dispute and the industry in question, a work stoppage could have significant economic and social repercussions. For example, a strike at a major transportation hub could disrupt the movement of goods and people across the region, potentially causing significant economic damage. Therefore, workers and their representatives may want to carefully consider the potential impact of a work stoppage before initiating one, and may want to explore alternative means of resolving the dispute if possible. In terms of strategies that can be employed, there are several approaches that individuals and organizations can take. One common strategy is to engage in collective bargaining with the employer in an attempt to resolve the dispute before a work stoppage becomes necessary. This may involve negotiating for better wages, benefits, or working conditions, or seeking to resolve specific grievances related to the employment relationship. Depending on the nature and severity of the dispute, workers may also consider engaging in more aggressive tactics such as picketing or demonstrations to draw attention to their cause. Another important strategy is to enlist the support of external stakeholders, such as community groups, politicians, or the media. By building a coalition of supporters who can advocate on their behalf, workers may be able to exert greater pressure on their employer to come to the bargaining table and negotiate in good faith. Similarly, workers may want to consider reaching out to other labor organizations or unions in order to build solidarity and support for their cause. Ultimately, the key to success when dealing with Section 422(2) of the Criminal Code of Canada is to remain vigilant and strategic in one's approach. By understanding the legal requirements and potential consequences associated with work stoppages, and by employing a range of tactics and strategies, workers and their representatives can effectively negotiate for better working conditions and protections.