Your search
Results 3 resources
-
The Supreme Court of Canada ruled in the recent B.C. Health Services case that the protection of "freedom of association" in s. 2(d) of the Canadian Charter of Rights and Freedoms should be interpreted to provide "at least as much protection" for associational rights as is provided by Convention No. 87 of the International Labour Organization. The ILO Committee on Freedom of Association sees the convention as giving trade unions a right of access to employer property when attempting to organize employees. However Canadian statute and common law provides employers with an almost unfettered right to exclude union organizers, even when allowing them to have access would not interfrre with the employer's production interests. This paper examines whether that law will have to be rethought in the wake of the Supreme Court s decision.
-
Climate change will dramatically affect labor markets, but labor law scholars have mostly ignored it. Environmental law scholars are concerned with climate change, but they lack expertise in the complexities of regulating the labor relationship. Neither legal field is equipped to deal adequately with the challenge of governing the effects of climate change on labor markets, employers, and workers. This essay argues that a legal field organized around the concept of a ‘just transition’ to a lower carbon economy could bring together environmental law, labor law, and environment justice scholars in interesting and valuable ways. “Just transitions” is a concept originally developed by the North American labor movement, but has since been endorsed by important global institutions including the International Labour Organization and the U.N. Environmental Program. However, the prescriptions that would guide a policy of just transition have been under-explored in the legal literature. This paper marks an important early contribution to this challenge. It explores the factual and normative boundaries of a legal field called Just Transitions Law and questions whether such a field would offer any new, valuable insights into the challenge of regulating a response to climate change.
-
This paper examines the recent arrival of neutrality agreements in Canada. These are agreements between unions and employers that define the conditions under which union organizing will take place at facilities controlled by the employer. The history of neutrality agreements in the U.S. is reviewed, as is the emergence of these agreements in Canada. Neutrality agreements are a model of private ordering that operate without direct guidance from the state, yet their form and application are influenced by state law. The author examines neutrality agreements from the perspective of decentred regulatory theory, in which regulation is used by the state to steer the private creation of norms that are consistent with state policy. Using Ontario's labour laws as an example, the author explores the role of law in the emergence, form, and likely contribution of neutrality agreements to Canadian industrial relations.
Explore
Resource type
Publication year
-
Between 2000 and 2025
(3)
- Between 2000 and 2009 (2)
-
Between 2010 and 2019
(1)
- 2015 (1)