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In Australia and Canada, working holidaymaking is rationalized on the basis of encouraging cultural exchange among youth. Yet, in both countries, there is mounting evidence that working holiday programs are operating as back-door migrant work programs to help fill demands for labor in occupations and industries characterized by precarious jobs undesirable to locals. As scholarship on working holidaymakers’ labor market participation is more developed in Australia than in Canada, and administrative data available are also more extensive therein, this article sheds new light on the Canadian case vis-à-vis the Australian example. In exploring regulatory strategies adopted by these two settler states and their effects, comparative analysis of administrative data and historical and contemporary immigration and labor and employment laws and policies reveals how nationally specific program design can foster similar ends: precariousness among participants in the industries in which working holidaymakers are concentrated, including agriculture, tourism, and accommodation and food services. It also shows that stratification between working holidaymakers more closely approximating the image of the “cultural sojourner” and those who are effectively migrating for work purposes takes shape principally along the lines of source country in both countries.

To appease public anxieties and limit exploitation, in recent years Canada has sought to more strictly regulate and reduce temporary migrant work, while expanding opportunities for international mobility. This article explores the division between mobility and migration in this settler colonial context by charting developments in two overarching Canadian immigration program streams dedicated to facilitating international migration for employment on a temporary basis – the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) – focusing on the latter. Through an analysis of underexplored IMP subprograms directed at ‘national competitiveness,’ it probes the extent to which several fast-growing IMP subprograms entail a departure from temporary migrant work under exploitative conditions. Questioning the validity of the migration/mobility distinction assumed in policy discourse, it argues that far from providing for ideal conditions for ‘mobile’ workers, Inter-Company Transfer, Postgraduation, and Spousal subprograms are characterised by conditions poised to heighten exploitation. Meanwhile, many participants in these subprograms migrate from source countries with a history of subordination through differential inclusion, illustrating how the application of migration control devices is bound-up with residues of formal barriers to entry forged on the basis of nationality and the institutionalised racism that they engendered and threaten to perpetuate.

Although Canada’s migrant labour program is seen by some as a model of best practices, rights shortfalls and exploitation of workers are well documented. Through migration policy, federal authorities determine who can hire migrant workers, and the conditions under which they are employed, through the provision of work permits. Despite its authority over work permits, the federal government has historically had little to do with the regulation of working conditions. In 2015, the federal government introduced a new regulatory enforcement system - unique internationally for its attempt to enforce migrants’ workplace rights through federal migration policy - under which employers must comply with contractual employment terms, uphold provincial workplace standards, and make efforts to maintain a workplace free of abuse. Drawing on enforcement data, and frontline law and policy documents, we critically assess the new enforcement system, concluding that it holds both promise and peril for migrant workers.

The Employment Standards Database is a research database for comparing employment standards, awareness and violations across national/regional context. It brings together a library of relevant sources, unique user-friendly statistical tables, and a thesaurus of concepts – designed to facilitate research on labour market insecurity in a comparative industrialized context. Users can analyze multidimensional tables to explore and compare the contours of precarious employment in Australia, Canada, the United States, and the United Kingdom. --Website description

This article traces the definition and treatment of “vulnerable workers” within the province of Ontario’s regulation of employment standards over a fourteen-year period. An examination of the government’s discourse and its enforcement and legislative history reveals significant shifts and inconsistencies between the government’s claims and its enforcement practices. These shifts and inconsistencies are understood within a political economic analysis of “Third Way” employment policies, competing liberal ideologies, shifting political-economic conditions and institutional legacies. The analysis contributes to a cross-national literature exploring the inadequacies of employment standards enforcement in liberal market economies while at the same time identifying opportunities for change within the different “varieties of liberalism” exhibited within Third Way regimes.

During the COVID-19 pandemic, Canada imposed certain international travel bans and work-from-home orders, yet migrant farmworkers, declared essential to national food security, were exempt from such measures. In this context, farm worksites proved to be particularly prone to COVID-19 outbreaks. To apprehend this trend, we engaged an expanded and transnational employment strain framework that identified the employment demands and resources understood from a transnational perspective, as well as the immigration, labour, and public health policies and practices contributing to and/or buffering employment demands during and after the COVID-19 pandemic. We applied mixed methods to analyze administrative data, immigration, labour, and public health policy, as well as qualitative interviews with thirty migrant farmworkers employed in Ontario and Quebec. We concluded that the deleterious outcomes of the pandemic for this group were rooted in the deplorable pre-pandemic conditions they endured. Consequently, the band-aid solutions adopted by federal and provincial governments to address these conditions before and during the pandemic were limited in their efficacy because they failed to account for the transnational employment strains among precarious status workers labouring on temporary employer-tied work permits. Such findings underscore the need for transformative policies to better support health equity among migrant farmworkers in Canada.

This article examines the history of, and legal precedent set by, Four B Manufacturing v. United Garment Workers of America, a 1980 Supreme Court of Canada case involving an Indigenous-owned manufacturing firm that resisted the efforts of its Indigenous and non-Indigenous workers to form a union on the Tyendinaga Mohawk Territory, a reserve in southeastern Ontario. The employer, Four B, contested the jurisdiction of the Ontario Labour Relations Board and argued, unsuccessfully, that as an "Indian enterprise," its own operations were a matter of federal jurisdiction. We return to the case of Four B for three interrelated reasons. First, we argue that Four B remains relevant because of the ways that the political economy of settler-colonial Canada continues to structure Indigenous enterprises, labour, and employment as ongoing sites of tension. Second, as the inaugural case dealing with the "core of Indianness" – a contested legal concept used by the courts to determine federal jurisdiction over Indigenous labour – this case both set the legal precedent and shaped the subsequent political terrain of Indigenous labour relations. Third, the issues addressed in Four B contextualize recent jurisdictional struggles over Indigenous enterprises, labour, and employment in what we term the "Indigenous public sector" – namely, health care, social services, and First Nations government administration. The article reviews the case history of Four B, setting this against the backdrop of deindustrialization in southeastern Ontario during the period, before tracing how the case influenced the juridical and political landscape of Indigenous labour relations. We close by considering the potential tensions between Indigenous self-determination and the exercise of collective bargaining rights by Indigenous workers.

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.

The nature of employment is changing: low wage jobs are increasingly common, fewer workers belong to unions, and workplaces are being transformed through the growth of contracting-out, franchising, and extended supply chains. Closing the Enforcement Gap offers a comprehensive analysis of the enforcement of employment standards in Ontario. Adopting mixed methods, this work includes qualitative research involving in-depth interviews with workers, community advocates, and enforcement officials; extensive archival research excavating decades of ministerial records; and analysis of a previously untapped source of administrative data collected by Ontario’s Ministry of Labour. The authors reveal and trace the roots of a deepening "enforcement gap" that pervades nearly all aspects of the regime, demonstrating that the province’s Employment Standards Act (ESA) fails too many workers who rely on the floor of minimum conditions it was devised to provide. Arguably, there is nothing inevitable about the enforcement gap in Ontario or for that matter elsewhere. Through contributions from leading employment standards enforcement scholars in the US, the UK, and Australia, as well as Quebec, Closing the Enforcement Gap surveys innovative enforcement models that are emerging in a variety of jurisdictions and sets out a bold vision for strengthening employment standards enforcement. -- Publisher's description.