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This chapter explores the relationship between the social organization of migrant workers’ unfreedom through the conditionality of legal status and how the creation and deployment of precarious migrant labour regulates national labour markets. It begins by drawing the connections between neoliberal labour regimes, immigration controls, and the exploitation of migrant workers. It shows how precarious migrant status is linked to precarious employment, and how the categories of “foreigner” and “citizen” are used to justify the unfreedom and hyper-exploitation of migrant workers. Focusing on “low-skilled” occupations within the food services sector in which precarious (low-paid and insecure) jobs predominate, this chapter then describes the “low-skilled” (since October 2014 called “low-wage”) stream of the Temporary Foreign Worker Program, its growth, the “public” reaction to foreigners taking Canadian jobs, and the government’s response to this controversy.

Explains in detail the purpose of the book (see publisher's description) and provides a synopsis of the essays contained therein.

Compares the legal regimes of British Columbia and Manitoba for employment agencies that recruit women from the Philippines to work as caregivers in Canadian homes. Concludes that the Manitoba regulatory framework is much more effective in protecting caregivers from the abusive practices of these agencies.

Analyzes Supreme Court of Canada's decisions of the 1980s and 1990s that collective bargaining is a not a fundamental right under the Charter of Rights and Freedoms.

Examines the Supreme Court's decision on Fraser in the context of the broader political battle on labour rights. The author links the decline in union density to increasing inequality in income and taxation. Canada's failure to ratify or comply with international conventions of labour rights is also analyzed.

[E]xamines...some competing accounts of labour law, including ones that rely on Sen's idea of enhancing people's 'capabilities' to live the kinds of lives that they value. [The author] sees a number os trengths with this approach, but also a few important limitations. [Fudge] then goes on to suggest a different basis for conceptualizing labour law: the idea that labour is not a commodity but rather a 'fictive commodity'. The unique problems association with seeling labour create 'regulatory dilemmas' - and the role of labour law is to addrss them. In this context, Fudge uses the 'capabilities' approach but supplements it to argue against the exclusion of unpaid care work from the scope of labour law. --From editors' introduction.

The working conditions of workers who are paid to perform domestic chores by the families in whose homes they live and work have proved to be remarkably resistant to legal regulation. The nature of this resil-ience is both ideological and material. While the logic of formal legal equality has accommodated demands by live-in domestic workers for the gradual extension of protective labour legislation to their work, this extension has been partial and ineffective. --Introduction`

Compares the case law on Fraser and Dunsmore and critiques the Supreme Court's failure in Fraser to address the functional nature of the discrimination against farm workers as an issue of equality rights under Section 15 of the Charter of Rights and Freedoms,

[Provides] a critical examination of Canada's Temporary Migration Programs for agriculture. I show how migrants are positioned to be relatively more vulnerable than other workers within the country's food agricultural system owing to their position at the bottom of the occupational hierarchy, their precarious immigration status as temporary "foreign" workers, and their racialization as non-Whites from the global South. Moreover, I illustrate how changes to policies of temporary migration have constituted farm work as an even more precarious form of employment for migrants in particular, but also Canadians.... Finally, while recognizing that TMPs may contribute to aspects fo economic development, enabling participants to access income and assets formerly out of their reach, I call for greater attention to the rights, welfare, and dignity of migrants when considering temporary migrations programs.

Annotated photographs of migrant farmers in Ontario from 1984 to 2009, drawn from the author's book, "Harvest Pilgrim's" (Between the Lines, 2009).

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.

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.

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.

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.

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.

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.

This chapter compares the historical development and use of criminal law at work in the United Kingdom and in Ontario, Canada. Specifically, it considers the use of the criminal law both in the master and servant regime as an instrument for disciplining the workforce and in factory legislation for protecting workers from unhealthy and unsafe working conditions, including exceedingly long hours work. Master and servant legislation that criminalized servant breaches of contract originated in the United Kingdom where it was widely used in the nineteenth century to discipline industrial workers. These laws were partially replicated in Ontario, where it had shallower roots and was used less aggressively. At the same time as the use of criminal law to enforce master and servant law was contested, legislatures in the United Kingdom and Ontario enacted protective factory acts limiting the length of the working day. However, these factory acts did not treat employer violations crimes; instead, they were treated as lesser ‘regulatory’ offences for which employers were rarely prosecuted.