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"I will soon be in the dubious position of being the top labor man in all of Canada," Hal Chamberlain Banks wrote home in April 1949, "but let me tell you that I now know that uneasy lies the head that wears a crown." Hal Banks, an ex-convict and representative of the Searfarers' International Union of North America, was by nature a boastful man, but there was more than a little truth to what he wrote. Financed by the shipping companies and assisted by the federal government, the Royal Canadian Mounted Police, and the Canadian National Railways Police, Banks, along with a small army of SIU strongmen imported from the United States, had, in a matter of months, waged and won a violent battle against the long-established national Canadian Seaman's Union. With only a few companies outside the SIU's orbit, Banks controlled the collective bargaining rights of almost every seaman employed on the Canadian flag fleet and, with an iron fist, would do so for more than a decade. Eventually Banks's activities would be investigated by a commission of inquiry and, facing imprisonment, he would be forced to flee Canada in disgrace. In 1949 the situation was much different. ...How and why Banks and the SIU arrived in Canada is the first part of this story. --Author's preface
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Ivan Rand had a long, varied and remarkable career. He is best known for his Supreme Court of Canada judgments in a series of cases emanating from Quebec in the 1950s and dealing with civil rights, cases which established limits on the government’s ability to persecute unpopular religious minorities. To labour lawyers he is also an icon for his invention of the ‘Rand formula’, one of the defining features of Canadian labour law. Rand was also a member of the United Nations special committee on Palestine in 1947, the founding Dean of the University of Western Ontario law school, and three times a royal commissioner, looking into the problems of the Canadian coal industry, the misconduct of Mr. Justice Leo A. Landreville, and labour disputes in Ontario. In this thoroughly researched and fast-paced book, William Kaplan traces Rand’s life and career in all its richness and controversy – Rand as lawyer, politician, judge, dean, and royal commissioner – through many seminal events of the twentieth century in Canada. The Rand that emerges is variously inspiring, frustrating to understand, sometimes contradictory, always complex. --Publisher's description
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Reviews and comments on judicial interpretations of the federal Access to Information Act of 1984, including third party applications, exemption cases, personal information cases, procedural cases (the journal's editor and a journalist were involved in this case, which was decided in favour of CSIS), and user fees, deemed refusals [i.e., delays in processing a request], and other issues. Concludes that, overall, the courts have failed to give full effect to the legislation. Also notes that the government ignored the recommendations of a parliamentary standing committee for amendments.
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Discusses the history of the "Rand Formula," which established the compulsory union dues checkoff for collective work places. A cornerstone of Canadian labour law, the Formula originated in 1946 from an arbitration ruling by Supreme Court Justice Ivan C. Rand following a strike at the Ford motor plant in Windsor, Ontario, in 1945. The political and legal aspects of Rand's ruling are analyzed.
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The article reviews the book "The Infernal Machine," by Larry Hannant.
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