Since British Columbia MP Russell Hiebert tabled the union dues disclosure bill, every politician and commentator with an opinion on Canada’s unique labour structure has taken it as an excuse to air their views. Every topic from mandatory dues to privacy rights has been aired — raising controversy in an area that has been relatively stable and peaceful for the last 40 years. Now lawyers are weighing in on whether this political dispute has any credence in law.

The most obvious dose of legal reality is there is already a legislative requirement for financial disclosure to union members in every jurisdiction in the country. In fact, bill C-377 overleaps provincial jurisdiction by amending the Income Tax Act. The long list of items to be disclosed does not stop at mere financial information but requires identification of the name and address of the payer and payee, the purpose and description and amount of every transaction paid or received over $5,000, as well a record of the percentage of time employees have dedicated to political activities and lobbying activities...

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