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Takes note in this concluding commentary of the papers presented and argues that Stephen Harper was not unlike other prime ministers (e.g., the impact of Pierre Trudeau's 1982 Constitution Act) in his attempts to alter symbols and institutions associated with Canada's national identity. Discusses the resistance to Harper's changes at the national level as well as the criticism of Canada by James Anaya, the UN Special Rapporteur on the Rights of Indigenous Peoples. Concludes that Harper was intent on consolidating a new Conservative power elite.
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This paper provides an overview and analysis of three recent decisions on privacy rights by Canada's highest courts, and considers their implications for workplace privacy law, particularly the issue of employer monitoring of employees' e-mail and internet use. In contrast to earlier case law, in which a U.S. -influenced, property-based approach to privacy prevailed, these decisions, in the author's view, signal the emergence of a more meaningful and nuanced conception of workplace privacy. The author further argues that this concep- tion is consistent with a movement (however incremental) towards a model of "privacy self-management" in the workplace, which is characterized by two key principles - proportionality and shared accountability. This model recognizes that, in ensuring a proper measure of privacy protection for employees, work- place parties are under reciprocal affirmative duties. In taking action that may infringe employee privacy, the employer would be required to use means that are rationally related to legitimate business objectives and that are minimally invasive of privacy, as well as to carefully elucidate any applicable policies through the provision of privacy awareness education. Employees, for their part, would be required to accept a share of the responsibility for their own privacy, by clearly indicating to the employer what material or content they consider to be private.
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This article reviews the book, "Consuming Modernity: Gendered Behaviour and Consumerism before the Baby Boom," ed. by Cheryl Krasnick Warsh and Dan Malleck.
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This article rejects the claim - maintained, until very recently, before the ILO by the International Organisation of Employers (JOE) - that the right to strike is not protected by international law. The author notes that in advan- cing this position, the IDE focused on the interpretation of ILO Convention 87 on freedom of association, which, though it does not specifically address the right to strike, has been read as implicitly including such a right by the ILO's independent Committee of Experts. In his view, regardless of whether or not Convention 87 includes a right to strike, that right is clearly protected by a number of other international law sources, among them the ILO Constitution, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights. He also describes how the European Court of Human Rights, in developing a normative basis for the right to strike in recent ground-breaking decisions, has relied on a wide range of treaties, including ILO Convention 87. The author emphasizes that the ques- tion has important implications not only for constitutional litigation in Canada (where both the federal and provincial governments have been criticized by the ILO supervisory bodies for their frequent resort to back-to- work legislation), but for basic labour rights globally (such as in Cambodia, where the recent killing of striking workers has underlined the need for universal standards). The paper concludes with a postscript in which the author reflects on two key developments that occurred shortly before this issue of the CLELJ went to press: the Supreme Court of Canada's recognition, in the Saskatchewan Federation of Labour case, of a right to strike under section 2(d) of the Charter of Rights and Freedoms guaranteeing freedom of association; and the concession by the IOE, less than a month after the Supreme Court's decision, that ILO instruments do in fact protect the right to strike.
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Introduces four papers given by former PhD students of Bettina Bradbury at a roundtable on the feminist historian at Brock University in May 2014.
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This article reviews the book, "Feminist History in Canada: New Essays on Women, Gender, Work, and Nation," edited by Catherine Carstairs and Nancy Janovicek.
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Les questions de justice et d’équité dans le management demeurent une préoccupation majeure pour les salariés (Ambrose et Schminke, 2003). Pourtant, en gestion des ressources humaines, l’influence des perceptions de justice organisationnelle sur la motivation intrinsèque au travail, n’a suscité que très peu de recherches (Grenier et al., 2010). Cet article propose justement, d’analyser l’effet différencié des quatre dimensions de la justice organisationnelle sur cette forme de motivation au travail. Il propose aussi de mettre en évidence le rôle de la reconnaissance de la part des supérieurs hiérarchiques dans l’étude de la motivation intrinsèque, mais aussi d’analyser la relation entre la justice et la reconnaissance. Ainsi, le cadre théorique mobilisé dans cette recherche repose sur les apports de la théorie de l’autodétermination (Deci et Ryan, 1985), ceux de la théorie de la justice organisationnelle (Greenberg, 1987) et la littérature sur la reconnaissance (Brun et Dugas, 2002).Pour ce faire, un rappel des fondements théoriques permettant d’établir les liens existant entre ces variables a d’abord été réalisé, afin de montrer comment la justice organisationnelle et la reconnaissance de la part des supérieurs hiérarchiques peuvent favoriser la motivation intrinsèque au travail. Ensuite, des analyses de régressions multiples ont permis de présenter les résultats de l’étude empirique réalisée sur une population de 787 salariés venant de divers secteurs d’activités. Fondée ainsi uniquement sur une enquête par questionnaire, cette étude a permis d’analyser les liens qui pouvaient s’opérer entre ces trois concepts. Il s’avère que la perception de justice organisationnelle, notamment dans la distribution des ressources de l’organisation, dans les relations interpersonnelles et dans les informations communiquées, peut avoir une influence positive sur la motivation intrinsèque au travail. Cet impact de la justice organisationnelle sur la motivation intrinsèque au travail peut aussi être fortement renforcé par la reconnaissance de la part des supérieurs hiérarchiques.
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This report builds on the framework and analysis of Made in Canada. As a next step in the research, it focuses on recruitment because that is the stage where the power imbalance between workers and recruiters/employers is greatest, and yet it is the stage with the least effective legal oversight. This research aims to move beyond the now well-worn phrases of “unscrupulous recruiters” and “exorbitant fees” to build a more nuanced understanding of how low-wage migrant workers experience transnational recruitment. It examines the choices workers make (and are forced to make) in seeking work abroad; how recruiters exercise leverage over migrant workers, their families, and communities; why recruitment fees are oppressive; and how a recruitment relationship can undermine workers’ security and their legal rights long after they arrive in Canada. --From introduction.
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A response from the authors of the book that was reviewed entitled "Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case" is presented. They all shared a commitment to the goal of promoting labour rights for agricultural workers and a belief that constitutional litigation could be a tool through which that objective was advanced. They want the implication of this formulation to be clear: they do not believe that constitutional rights and constitutional litigation were ever or are now the only or even the best means for advancing the struggle for labour rights for farm workers. However, the reality is that laws actively prescribe and sustain a particular balance of power. Laws actively construct relationships of domination/subordination and constrain the space for particular kinds of collective workplace action.
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Examines the potential for labour and progressive social movement to use the values expressed in Canada's Charter of Rights and Freedoms to mobilize direct political action and to advocate for reform against the backdrop of austerity. [The authors] focus on historical examples of radical organizing that have leveraged constitutional values, as well as recent Canadian social movements. --Introduction
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Current studies of regional integration in North America claim that this process is limited to the entering of intergovernmental agreements that aim to expand and enhance crossborder flows of goods and capitals between Mexico, Canada and the US. Such studies claim that the political effects of the process on nation-states are limited and constrained by the decisions of the national governments. In contrast, this thesis argues that the actions of transnational actors have increased the policy interdependence between the three countries in the arenas of environmental protection, labour cooperation and protection of foreign direct investment. Transnational actors have used, applied and interpreted the rules originally created by the intergovernmental agreements –NAFTA, NAAEC, BECA and NAALC– and have subsequently demanded additional and improved rules. Regional institutions have in turn responded to these demands by supplying new and improved regional rules. In doing so, transnational actors and regional institutions have furthered the policy interdependence between the three countries. This phenomenon, known in other contexts as institutionalisation, demonstrates that the process of regional integration in North America is more substantial than previous studies claim. In addition, it illustrates the relevance of the theories of Liberal Intergovernmentalism and Supranational Governance to the analysis of the emergence and development of the North American integration process.
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The article reviews the book, "Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case," by Fay Faraday, Judy Fudge and Eric Tucker.
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The article reviews the book, "More of a Man: Diaries of a Scottish Craftsman in Mid-Nineteenth Century North America," edited by Andrew C. Holman and Robert B. Kristofferson.
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Argues that Prime Minister Stephen Harper's effort to reshape understandings of history and national identity, such as the $28 million celebration of the War of 1812, is consistent with Conservative government's "illiberal" agenda for the country going forward. Discusses the research strategy of the Canadian Museum of History, which focuses on the world wars and Confederation rather than working people, as well as the government's labour record.
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Half a century ago, on the verge of the Information Age, the sociologist Edward Shils took the measure of how matters stood with privacy. He argued that privacy was being systematically engulfed by societal elites - government, journalists, business, and social scientists - even as they sought privacy for themselves. He saw a passive populace, indifferent to the intrusion, and a near- total absence of protective law. This essay reflects on what Shils saw from the perspective of a half-century's experience. It argues that the populace is no longer passive, that the public's concern for privacy as consumers has had a rip- ple effect in a concern for privacy in employment. Nor is the law totally absent; but the legislative approach has been piecemeal, attending only to those per- ceived abuses that most strike the public ire. In terms of the common law, in its address to the large lacunae left by legislation, the legal establishment - repre- sented by the American Law Institute - continues to serve as a handmaiden to those business interests that had and would continue to engulf employee privacy.
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This article reviews the book, "Work in Cinema: Labor and the Human Condition," ed. by Ewa Mazierska.
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The rapid influx of temporary foreign workers (TFWs) into Canada in the early 2000s posed significant challenges to Canadian unions. Using narrative analysis, this paper examines how union leaders constructed narratives about TFWs in the period 2006 to 2012. It finds three temporally sequential narrative arcs: prioritizing of Canadian workers' interests and portrayal of TFWs as employer pawns; TFWs as vulnerable workers needing union advocacy for their employment and human rights; and post-economic crisis conflicted efforts to integrate Canadian and TFW interests. The narrative arcs are shaped by tensions between internal pressures on union leaders and their external contexts. The analysis reveals that union leaders' responsibility to represent members can clash with their broader values of social justice and equality. By linking the contemporary reaction to TFWs to labour's historical approach to immigration and race, the paper also reveals important continuities and interruptions in labour's relationship with migrants.
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This article reviews the book, "Keeping Canada British: The Ku Klux Klan in 1920s Saskatchewan," by James M. Pitsula.
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The relevance of subsidiary embeddedness in a macro-institutional environment can in no way overshadow the importance of the micro-political agency of social actors. While some researchers focus on local management's "embedded agency," we focus on a less-developed aspect: workers' "embedded agency." In order to do so, we propose an analytical model that is based on the Varieties of Capitalism model and its subsequent developments, but that also includes the workers as an active agent. This model allows us to observe the institutional resources that workers can actively mobilize. We specifically focus on the characteristics of industrial relations and education institutional sub-systems. We apply the developed analytical model to the case of the Brazilian subsidiaries of a highly global multinational corporation (MNC). More specifically, we discuss three examples of workers' "embedded agency." These bring attention to workers' collective and individual actions as well as intra- and extra-subsidiary mobilization of institutional resources.
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For the purpose of trade union renewal, it is suggested that trade unions need to convert themselves from being institutions centred on employer-employee relations to open source ones engaged with broader social justice issues. In this article, we offer two elements to the debate on trade union revival: first, we focus on two rapidly emerging economies with a corporatist and state-centered union structure (i.e., Brazil and India); second, in the context of these two countries, we challenge the idea that informal workers are a burden for trade union organizations. We consider the possible contributions that informal workers could make towards the renewal of trade unions in these two countries. We argue that trade unions could take advantage of these contributions if they overcome the employee horizon, which originated in Western countries and excludes millions of workers from its purview in Brazil and India. We propose the concept of "homo faber" as a new horizon for trade union organization, which is inclusive of both formal as well as informal workers.
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