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This is the second volume of what will be a three-volume history of law in what is now Canada. The main theme of A History of Law in Canada Volume II is encapsulated in its sub-title: Law for the New Dominion. As a new state on the global stage, Canada tried to use law to weld into one nation several disparate settler colonies established on Indigenous lands. But unity was elusive: Canada had to recognize Quebec civil law and tried to override or replace Indigenous law even as it faced challenges to its own authority, from the Northwest Rebellion to the claims of restive provincial premiers. The volume deals with all aspects of Canadian law and legal institutions, with chapters on the constitution, courts and judges, sources of law (common law, civil law, Indigenous law and statutes), the legal profession, Canadian law and Indigenous peoples (3 chapters), criminal law, law and the economy, labour law, property law, the law affecting women’s status, and civil rights and minorities. --Publisher's description

The article reviews the book, "Routledge International Handbook of Working-Class Studies," edited by Michele Fazio et al.

In 1977, Bonnie Robichaud accepted a job at the Department of Defence military base in North Bay, Ontario. After a string of dead-end jobs, with five young children at home, Robichaud was ecstatic to have found a unionized job with steady pay, benefits, and vacation time. After her supervisor began to sexually harass and intimidate her, her story could have followed the same course as countless women before her: endure, stay silent, and eventually quit. Instead, Robichaud filed a complaint after her probation period was up. When a high-ranking officer said she was the only one who had ever complained, Robichaud said, "Good. Then it should be easy to fix." This timely and revelatory memoir follows her gruelling eleven-year fight for justice, which was won in the Supreme Court of Canada. The unanimous decision set a historic legal precedent that employers are responsible for maintaining a respectful and harassment-free workplace. Robichaud's story is a landmark piece of Canadian labour history--one that is more relevant today than ever. --Publisher's description

The article reviews the book, "In the Kingdom of Shoes: Bata Zlĭn, Globalization, 1894–1945," by Zachary Austin Doleshal.

Introduces and summarizes the five articles presented for the roundtable that was convened on the 50th anniversary of the founding of National Action Committee on the Status of Women. Takes note of the various themes explored, including labour feminism.

The article reviews the book, "Public Education, Neoliberalism, and Teachers: New York, Mexico City, Toronto," by Paul Bocking.

This article explores the effects of COVID-19 on collective bargaining in Canadian universities. Specifically, the research considers how the pandemic created both crises and opportunities for faculty associations, primarily through a case study of the Brock University Faculty Association’s 2020 round of bargaining. More broadly, the article examines how COVID-19 has brought into sharper focus debates within faculty associations about the need to transition from a traditional to an organizing model of collective bargaining in order to better defend and advance the interest of academic labour within the neoliberal university.

This article seeks to explain both convergence and divergence in Ontario teacher union electoral strategy. After coalescing around a strategy of anti-Progressive Conservative (PC) strategic voting beginning with the 1999 provincial election, Ontario’s major teachers’ unions developed an electoral alliance with the McGuinty Liberals designed to advance teacher union priorities and mitigate the possibility of a return to power for the PCs. The authors use campaign finance and interview data to demonstrate that this ad hoc partnership was strengthened over the course of several election campaigns before the Liberal government’s decision to legislate restrictions on teacher union collective bargaining rights in 2012 led to unprecedented tension in the union-party partnership. The authors adapt the concept of union-party loyalty dilemmas to explain why individual teachers’ unions responded differently to the Liberal government’s efforts to impose austerity measures in the education sector.

This study critically examines the Government of Canada's conceptualization of transnational corporate accountability and exploitative labour in its legislative response to modern slavery in global supply chains. With a primary focus on the government's recently proposed Bill S-216: Modern Slavery Act - which would mandate companies to report on their activities to reduce modern slavery in their supply chains - empirical data is drawn from parliamentary debates about this bill and its earlier iterations as well as a report produced by the House of Commons committee originally charged with studying the issue. Informed by the corporate crime and business management literature as well as a neo-Marxist theoretical lens that employs such concepts as Antonio Gramsci's theory of cultural hegemony and global capitalism, the dominant views taken up in conversations hosted by the Canadian state are captured using critical discourse analysis. Overall, dominant voices accepted into the federal government's approach reinforce neoliberal assumptions of wealth accumulation, profit maximization, and free-market economies, thereby trusting transnational corporations to self-regulate and use their financial capital to curb the conditions that engender exploitative labour. The findings of this interdisciplinary study reveal that the legislative proposal culminating from the policy-making discourse defers to measures that prioritize the social benefits of corporate social responsibility, which ultimately eclipse the need for criminal sanctions against Canadian corporations with operations that employ modern slavery. This research helps to expose the reproduction of corporate impunity as a result of the inability/unwillingness to address the status quo of global capitalism.

The article reviews the book, "Shaping the Futures of Work: Proactive Governance and Millennials," by Nilanjan Ragunath.

Canada’s quest and historical reliance on an immigrant labour force to sustain the nation’s economic and population growth are well established. This has been the case since the formation of New France, where the conquest of people and acquisition of lands and resources, in part, inspired the recording of the first North American census of 1666. However, record keeping practices that commenced in what is now called Canada were part of a larger scheme of a systematic power over governance structure in settler-colonial administrative edicts that cast the foundational structure for inclusion and exclusion criteria based on a colonial racist ideological model of who should be accounted for in the French settlement. As such, Indigenous People were not counted. Similarly, the records of people of Black African ancestry who were brought to New France through the inter-continental routes as enslaved labourers were obliterated from official administrative records. In this first-of-a-kind historiographical query, primary and secondary records of racialized immigrant workers were examined to determine the extent to which Indigenous and racialized immigrant workers existed in governmental demographic records and other sources over time, inclusive of contributions, incurred injuries, disability and fatalities in labour force participation. A purposeful, cross-regional selection of Canada’s occupational health policy experts was engaged in semi-structured interviews on the question of demographic identity, including the intersectionality dimension of race and immigrant status. Insightful findings on the gaps in evolving race-based data collection in the nation’s contemporary occupational health and safety systems were garnered, revealing significant implications regarding the vestiges of colonial determinism in a perpetual colonial system, which underlies the absence of Indigenous and racialized workers from the nation’s informatics on occupational health and safety. Ultimately, this project implicates an urgency for policy changes, aligned with the nation’s persistent reliance on racialized immigrant workers while relegating them to over-representation in work that is more dangerous and injury prone without visible accountability. Dismantling the current policy framework for health and safety by imposing meaningful strategic intervention measures and data collection on ethno-racial demographic identity in the nation's public reporting systems is the resounding outcome of this project.

This paper considers the recently introduced New Zealand Fair Pay Agreement (FPA) sectoral bargaining framework and offers a preliminary series of ideas and proposals setting out how an FPA model for bargaining sectoral standards could work in Canada. It is intended as the beginning of a more detailed discussion on the development of an FPA regime culminating in model legislation that could be adapted to different Canadian jurisdictions. Guided by principles of accountability, integration, and inclusivity, this proposal is intended to apply to all workers in an employment relationship – including dependent contractors and gig and platform workers. The proposed system is to be structured as a new, stand-alone statute, drawing upon existing institutions administering collective bargaining legislation, incorporating some familiar collective bargaining concepts: good faith bargaining, dues check-off, and unfair labour practice protection. It is intended to preserve existing collective bargaining arrangements by excluding specified sectors with existing high union density or existing sectoral bargaining. However, it is also intended to offer a new, sectoral bargaining option based on industry or occupation sectors, producing FPA “sector agreements” containing minimum standards applying to all employees and employers in the sector. This proposed framework would operate in parallel and in conjunction with the existing enterprise-level collective bargaining system.

The article reviews the book, "Tacky's Revolt: The Story of an Atlantic Slave War," by Vincent Brown.

The article reviews the book, "Code White: Sounding the Alarm on Violence Against Health Care Workers," by Margaret M. Keith and James T. Brophy.

The development of work–life policies—e.g., employee assistance programs, on-site childcare, flextime, part-time, compressed week, and so on—is increasingly important for a growing number of organizations. Though such programs provide benefits for both employees and employers, usage rates are still low. Scholars have called for research that addresses this phenomenon and more particularly explains the underlying processes of individual decision-making concerning work–life balance, and describe why and how certain social groups differ in their approaches to policy use. Our inductive study –based on 44 individual interviews- aims to address these issues. We found that the policies are used differently depending on the employees’ social group, and that certain salient social identities—such as gender, parenthood and managerial status—shape their use. Such programs are a structural and cultural change for organizations and often present an opportunity for redefining the centrality of work. Indeed the values inherent in them, including resting and taking time for oneself or for one’s family, may conflict with the traditionally masculine values associated with the ‘ideal worker’, intuitively linked to performance and production of positive results. The clash between the two, which permeated the interviews, causes employees to fall back on the social identity or identities they find meaningful. Our findings show three main strategies that individuals use when they feel that their social identity is threatened: (1) engage in workaround activities to avoid using work-life policies; (2) try to compensate for policies use (by engaging in projects outside one’s job or doing overtime work) ; and (3) significantly limit policies use. These results contribute to literature by showing that many managers and men do not feel legitimate to use work-life policies and find workarounds to manage without them, thus perpetuating stereotypical masculine norms. We demonstrate that the identity threat that underlies work-life policies taking may help women in the short term, but also contributes to their discrimination in the long run as well as is detrimental to the work-life balance of men.

In Canadian Great War historiography, the late-war and post-WWI revolt has remained a conspicuous subject for exploring regional and class conflict. This dissertation examines the revolt with a new analytical perspective centred on patriotism and profiteering. The first section of this study constructs a cultural framework called Great War culture. Based on the limitations of the state, it became necessary to militarize socialization so that a major war effort could be undertaken. Through this process, Canada experienced a war-centric cultural shift, whereby social and political belonging became premised on patriotic identity. The term “profiteering” emerged as part of the war-centric lexicon to designate those who were disregarding patriotic sensibilities and selfishly exploiting the war for profit. The second section of this dissertation examines three major interpretations of Great War profiteering between 1914 and 1918: war profiteering, food profiteering, and alien profiteering. It provides an understanding of each controversy through the perspective of federal politicians and state officials; leaders in the labour, farmers’, and veterans’ movements; and ordinary patriots in English Canada. It argues that Borden’s administration failed to curb patriotic outrage and disillusionment, setting the stage for explosive post-war militancy and unrest. The final section examines how workers, farmers, and veterans drew upon the legitimacy of the Great War as a struggle for democracy to challenge the terms of post-war reconstruction. As this section explores, patriots undertook this revolt by using direct action involving violence and industrial militancy. They also used political action to challenge party politics, which some believed to be a root cause of the profiteering evil.

This article reviews the book, "People, Power and Profits: Progressive Capitalism for an Age of Discontent," by Joseph Stiglitz.

The article reviews the book, "No Property in Man: Slavery and Antislavery at the Nation's Founding," by Sean Wilentz.

In Canada, as in most advanced capitalist countries, the right of workers to engage in collective action has been partially immunized from competition law, one of the basic norms of capitalist legality. The “zone of toleration”, however, has been contested over time and poses a recurring regulatory dilemma that stems from labour’s commodity status in capitalism. In the capitalist utopia, workers are commodified and atomized, each one competing against all others. But in capitalist reality, such an arrangement produces the tragedy of atomism. In Polanyian terms, labour is a false commodity and treating it as such results socially dysfunctional consequences, producing a counter movement. In Marxist terms, labour is embodied in human beings who resist their commodification and atomization, in part by uniting with other workers and acting collectively to improve their conditions and, perhaps, one day to create a different social order in which labour ceases to be a commodity. Viewed in either light, the zone of legal toleration within competition law is the product of recurring conflicts and struggles whose outcome is shaped and reshaped over time. In Canada, this conflict has been resolved by granting workers a legal immunity from liability under competition law for engaging in approved collective action to improve or defend their terms and conditions of work. However, the zone of toleration is contestable at three margins, explored in this chapter. First, is the margin between those workers who are covered by the exemption and those who are not; second is between the sale of labour power and the sale of the commodities it produces; and the third is between the means that covered workers can lawfully use to make their combinations effective and those that take them out of the zone of toleration. The chapter explores the history of the construction of the zone of toleration and conflicts over its margins.

The article reviews the book, "Industrial Craft in Australia: Oral Histories of Creativity and Survival," by Jesse Adams Stein.