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Analyzes the Supreme Court's jurisprudence on freedom of association, notably B.C. Health Services (2007), in respect to Canada's constitutional relationship with international law.
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Describes the efforts of agricultural workers to obtain legal protection with particular reference to legislation and proceedings in Ontario. Concludes that despite legal setbacks, the struggle continues through the Agriculture Worker Alliance of the United Food and Commercial Workers.
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Considers the current regulatory environment for temporary employment workers in Quebec. Concludes that the legislative failure to regulate has resulted in abusive practices that undermine labour law.
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The author, who was the farm workers' legal representative before the Supreme Court in the Fraser case, provides historical background and analyzes the court's decision, including its reliance on judicial deference to the legislature. Concludes that the court was preoccupied with the larger political battle rather than the constitutional merits of the case.
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An analysis of the impact of the Supreme Court of Canada decision in Fraser on protection of freedom of association in the collective bargaining context in Canada, with particular emphasis on the different approaches taken by the Court, including the dissenting reasons of Justice Rothstein, and what those reasons reveal about the Court's disagreement over the scope of freedom of association in the collective bargaining context.
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Considers the intersection of relevant conventions of the International Labour Organization, the Charter of Rights and Freedoms, and labour case law of the Supreme Court of Canada. Asserts that the Canadian government is bound by ILO membership to promote collective bargaining, and that the Supreme Court's reliance on ILO principles was fully justified in Dunmore and BC Health Services. Concludes that, although the court's decision on Fraser fails to implement these principles, the right to strike in Canada will eventually be constitutionally recognized.
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[This book] is a collection of original papers that presents a vision of an invigorated and vibrant labour movement, one that would actively seek the full participation of women and other traditionally excluded groups, and that would willingly incorporate a feminist agenda. This vision challenges union complicity in the gendered segmentation of the labour market; union support for traditionalist ideologies about women's work, breadwinners, and male-headed families; union resistance to broader-based bargaining; and the marginalization of women inside unions. All of the authors share a commitment to workplace militancy and a more democratic union movement, to women's resistance to the devaluation of their work, to their agency in the change-making process. The interconnected web of militancy, democracy, and feminism provides the grounds on which unions can address the challenges of equity and economic restructuring, and on which the re-visioning of the labour movement can take place. The first of the four sections includes case studies of union militancy that highlight the experiences of individual women in three areas of female-dominated work: nursing, banking, and retailing. The second and third sections focus on the two key arenas of struggle where unions and feminism meet: inside unions, where women activists and staff confront the sexism of unions, and in the labour market, where women challenge their employers and their own unions. The fourth section deconstructs the conceptual tools of the discipline of industrial relations and examines its contribution to the continued invisibility of gender. --Publisher's description
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