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Canada's labour laws do not adequately protect non-union forms of concerted action - a problematic gap in the legislation, given the increase in alternative models of collective organizing. This article proposes the adoption in Canada of broader protections similar to those found in the United States, where section 7 of the National Labor Relations Act extends protection to concerted action by employees regardless of whether they are unionized or even seeking to unionize. Beginning with a comparison of the current legislative schemes in the two countries, the authors argue that because the limitations to concerted action in Canadian labour law are similar to those in the U.S., the proposal is unlikely to disturb settled law beyond its intent. The positive impacts of adopting section 7-like protection in Canada are canvassed, which include encouraging stronger employee "voice," allowing for increased realization of the constitutional guar- antee of freedom of association, and enabling experimentation with non-union forms of collective representation. These changes would help to balance work- place power dynamics, and allow workers more flexibility in choosing how to advocate for themselves.
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The nature of work has undergone tremendous change in recent decades, and these changes have been well documented and widely debated. Similarly, the adequacy of regulation and institutions of work to operate in the face of these transformations has been questioned. Much attention has been devoted to the condition of this decline. Work and workplaces have been reorganized (in one memorable phrase, "fissured"),' increased intermediation in the traditional employment relationship has made it more difficult to identify the "real employer," and fewer "employees" exist, as precarious work and contracting-out of work has grown. These workers are more difficult to organize, and labour and employment relations regulatory schemes have failed to respond robustly or effectively to these changed conditions. Equal attention has been paid to the causes of the decline in union density: the "globalization of production" through technological and communications innovations, the offshoring of work (even work previously thought to be impervious to this trend), the expansion of the financial sector and the proliferation of its meth- ods and values into the productive or "real" economy (a process called financialization), the privatization of formerly public goods and services, and the reorganization of firms to (re)focus on "core competencies" and contract out peripheral functions. Even if all of these possible causes were overcome, workers' attitudes toward traditional organizations such as unions and even toward workers' identities as such have also changed profoundly, and organizing worker voice and collective bargaining has become more challenging.
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Harry Arthurs, professor emeritus at Osgoode Hall Law School in Toronto and former president of York University, is one of the most widely respected scholars, educators, and policy makers in the world today. His enormous academic and institutional productivity has extended to administrative and labour law, legal pluralism and legal theory, legal education and institutional reform. This collection brings together essays, thought pieces, reminiscences and commentaries written in honour of Arthurs from scholars and colleagues from around the world whose work and thinking has been shaped by Arthurs' contributions over the years. --Publisher's description. Contents: Part 1. The pluralization, decentralization, and transnationalization of labour law. The singular pluralism of Harry Arthurs / Brian Langille -- A Yankee gets schooled in King Arthurs's court: Canadian labour law as a cautionary tale / Cynthia Estlund -- The once and future industrial citizen / Gregor Murray -- A tale of two Harrys: the life and demise of industrial pluralism in Canada / Eric Tucker. Part 2. Labour law's precarious infrastructures. Defining labour standards: Harry Arthurs's beau risque / Gilles Trudeau -- Formality and informality in the law of work / Kerry Rittich -- Mapping labour law with, within, and without the state / Mark Freedland -- Part 3. Legal ordering's narrow ledge. Dancing with Dicey : a tentative embrace of judicial review / David Dyzenhaus -- Administrative justice in Arthurs's court / Lorne Sossin -- Investor rights and the judicial denial of neo-liberal constitutionalism / David Schneiderman. Part 4. The tree of knowledge - The axe of power. "Imagination, determination and passion": a heroic agenda or legal education / Robert W. Gordon -- The state of legal scholarship and graduate legal education in Canada / Liora Salter -- "Globalization" as framing concept: some implications for legal education / William Twining. Part 5. Citizens and markets. Workplace law without the state? / Kevin Banks -- Reform in small steps : the case of the dependent contractor / Guy Davidov -- Labour markets should be judged innocent until proven guilty / Morley Gunderson. Part 6. The frontier of labour law's uncertain future. Labour law and the political economy of inequality / Michael Lynk -- "A new thing: shall ye not know it?": on living metaphors in transnational labour law / Adelle Blackett -- Inequality, gender violence, human rights / Sally Engle Merry -- Labour law and its "last" generation / David Doorey and Ruth Dukes -- The daunting challenge: economic justice for subordinated groups / Katherine V.W. Stone. Part 7. Milestones, imperfect foresight, and formative beginnings: The making of a legal realist. Harry Arthurs : the law student years / Martin Friedland -- Confronting the dragon of globalization: Harry, St George, and me / David M. Trubek -- Reading landscape and power / Bruno Caruso -- An authoritative bibliography of Harry Arthurs’s academic and other writings.
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In 2026, the Canada-United States-Mexico Agreement will be up for review—and the possibility of political shakeups means that governments should start preparing now. This report assesses the functioning of CUSMA to date and suggests ways to expand on the rights-based and worker-centred novelties in the agreement that improved upon the original NAFTA. Though national elections will transform governments in all three countries between now and the 2026 review, the worker-centred trade policy of the current U.S. administration will likely live on. For political, geoeconomic and national security reasons, a bipartisan consensus has emerged on the need to renew North America’s manufacturing base and better protect workers from subsidized—financially or through weaker labour and environmental standards—foreign competition. This report examines how Canada could prepare, and goals to strive towards, starting today.
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