Anti-scab provisions can apply to remote work in some cases, Quebec court says

MONTRÉAL — Quebec’s highest court has ruled that anti-strike-breaker provisions can apply to remote workers in certain circumstances.

The Court of Appeal has overturned a ruling handed down by Quebec Superior Court in 2023 and reinstated a prior decision by the province’s administrative labour tribunal.

The case pitted union Unifor against Groupe CRH, which operated a cement plant north of Montreal.

The anti-scab provisions of the Labour Code prevent an employer from using replacement workers for duties normally done by union employees at an establishment where a strike or lockout has been declared.

The labour tribunal sided with the union, which had argued the employer had violated the provision by using a non-unionized worker during a 2021 lockout, even though the worker had worked from home.

Quebec Superior Court later ruled it was unreasonable to extend the meaning of the word establishment to include a worker’s home, but that decision has now been overturned in favour of the original judgment.

This report by The Canadian Press was first published Nov. 6, 2026.

Lia Lévesque, The Canadian Press