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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,
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[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.
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Annotated photographs of migrant farmers in Ontario from 1984 to 2009, drawn from the author's book, "Harvest Pilgrim's" (Between the Lines, 2009).
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Explains in detail the purpose of the book (see publisher's description) and provides a synopsis of the essays contained therein.
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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.
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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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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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In 1973 the Supreme Court of Canada issued a ruling in Murdoch v Murdoch, denying Irene “Ginger” Murdoch an interest in the cattle ranch that she and her husband, James Alexander “Alex” Murdoch, had built together over many years. Irene performed extensive manual labour on the farm, including driving, branding, vaccinating and de-horning cattle, haying, raking, and mowing. She often did this work alone due to long, off-ranch, work-related absences by Alex. When their marriage began to break down, Irene sought to receive her ownership interest in the ranch property. However, the certificate of title to the property showed that the land belonged solely to Alex Murdoch. For Irene to receive an interest in the property it would be necessary for a court to declare that a portion of the title to the ranch was held by Alex Murdoch in trust for his wife. The principal basis for finding such a trust, her lawyer argued, was her contribution through labour to the ranch operations. That argument was rejected at trial and ultimately also by the Supreme Court of Canada, which held that under existing Canadian law no property claim was available to Irene Murdoch in the circumstances of her case. --Introduction