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Recently the federal government has invoked section 107 of the Canada Labour Code to order the end of otherwise lawful strikes. The government’s claim that the section provides it with this power is in dispute. This research report, adapted from an expert witness report prepared for the law firm representing one of the unions subjected to these orders, investigates the historical understanding of the section and its precursors dating back to its earliest version, enacted in 1918. It finds that the historical understanding of the section was that its purpose was to strengthen statutory conciliation processes, not to empower the government to end otherwise lawful strikes by executive action. This government action not only continues a longer history of exceptionalism in collective bargaining but also marks a rupture by its attempt to enhance the power of the executive.
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Canada's Seasonal Agricultural Worker Program has often been portrayed as a model for temporary migration programmes. It is largely governed by the Contracts negotiated between Canada and Mexico and Commonwealth Caribbean countries respectively. This article provides a critical analysis of the Contract by examining its structural context and considers the possibilities and limitations for ameliorating it. It outlines formal recommendations that the article co-authors presented during the annual Contract negotiations between Canada and sending states in 2020. The article then explains why these recommendations were not accepted, situating the negotiation process within the structural context that produces migrant workers' vulnerability, on the one hand, and limits the capacity of representatives of sending and receiving states to expand rights and offer stronger protections to migrant farmworkers, on the other hand. We argue that fundamental changes are required to address the vulnerability of migrant agricultural workers. In the absence of structural changes, it is nevertheless important to seek improvements in the regulation of the programme through any means possible, including strengthening the Contract.
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- Journal Article (2)