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In 2006 Ontario undertook major reforms to its human rights enforcement regime, eliminating the human rights commission's "gatekeeper" function and introducing a "direct access" modelfor the adjudication of complaints. Drawing on extensive primary research, this paper explores the historical antecedents to current debates about the appropriate model for human rights enforcement, by describing and analyzing four themes associated with the enactment of Ontario's 'fair practices" statutes in the 1950s - predecessors of the present-day Human Rights Code. As the author explains, those statutes prohibited particular types of discrimination based on race, religion, nationality and other grounds, and were enforced through an administrative process that was intended to have a remedial rather than punitive focus. The first theme relates to a tension in the arguments advanced by the social activists who campaigned for fair prac- tices: those arguments had both a "negative" aspect, which highlighted the harm caused by discrimination and the immorality of discriminatory conduct, and a "positive" aspect, which emphasized the importance of creating equal opportunity. The second theme is the idea of the public responsibility of both governments and citizens to act against discrimination. The third theme con- cerns the views expressed by fair practices activists on the role to be played by law's coercive power, particularly the distinction they drew between prejudice and discrimination, and the emphasis they placed on conciliation as opposed to adjudication in the enforcement process. The fourth and final theme arises from the actual experience of using fair practices legislation to achieve social change. In the author's view, each of those themes raises ongoing questions about the enforcement of human rights statutes, and more generally about the potential of law as an instrument in the struggle against inequality.

The article pays homage to the life and work of US historian Robert H. Babcock (1931-2014), a Canadian studies specialist who was known especially for his book, "Gompers in Canada."

This article reviews the book, "Border as Method: Or, the Multiplication of Labor," by Sandro Mezzadra and Brett Neilson.

In this paper, the author argues that by imposing a duty to accommodate on unions in the Renaud case, the Supreme Court of Canada intended primarily to encourage unions to cooperate with employer efforts to accommodate, and did not seek to make unions co-liable for all discrimination embedded in collect- ive agreements. The Court's decision was ambiguous, however, and subsequent tribunals and courts have distorted its original intent by imposing joint (and sometimes sole) liability on unions for discrimination in situations in which they had no meaningful control over bargaining outcomes or no independent abil- ity to accommodate the claimant, or in which unions' representative role was not properly considered. Unions have largely avoided Renaud-based liability because, in the decades since that decision, workplace human rights claims have increasingly been dealt with through grievance arbitration (where unions are not vulnerable to co-liability claims) rather than before human rights tribunals. The author sees this as a generally positive development which permits human rights claims to be integrated with collective agreement claims and places pri- mary accountability for workplace discrimination on employers, who are best placed to remedy the discrimination. She acknowledges, however, that dealing with workplace discrimination at arbitration could create conflicts of interest, which may require reconsideration of some aspects of current procedure. She concludes that Renaud has largely done the job the Supreme Court intended, although it has done so by influencing union behaviour in arbitration rather than by making unions directly accountable for compliance with statutory human rights norms. She expresses continuing concern about Renaud's ambiguities and calls on the Supreme Court to clarify Renaud's message in light of modern conceptions of the duty to accommodate and the realities of workplace power distribution.

This article reviews the book, "The War and its Shadow: Spain's Civil War in Europe's Long Twentieth Century," by Helen Graham.

Les Salariés de l'incertitude. Solidarité, reconnaissance et équilibre de vie au travail, by Diane Bellemare, is reviewed.

Canada’s system of industrial legality has routinely limited the collective abilities of workers to strike. Under the conditions of neoliberal globalization, those limitations have intensified. Yet, in 1997, the Retail, Wholesale and Department Store Union (RWDSU) in Saskatoon, Saskatchewan, waged a successful strike against Pepsi-Cola Canada. In addition to defeating the company, the union also expanded workers’ collective rights through a successful constitutional challenge to restrictive common-law rules limiting secondary picketing. This paper examines the history of that strike, exploring the multifaceted strategies that the workers undertook to challenge the company, the state, and the existing law. It argues that workers were successful because they utilized tactics of civil disobedience to defend their abilities to picket. Recognizing that success, the paper is also critical of the Supreme Court of Canada’s decision and its evolution of common-law torts to limit workers’ collective action. The paper concludes by arguing that the Pepsi conflict highlights the importance of civil disobedience in building workers’ movements while emphasizing the inherent limitations of constitutional challenges to further workers’ collective freedoms in Canada.

In this article, I examine the Service, Office, and Retail Workers’ Union of Canada (SORWUC), an independent, grassroots, socialist-feminist union that organized workers in unorganized industries in Canada in the 1970s and 1980s. I look at SORWUC’s role in Canadian labour history in general, and its efforts to organize workers in the service industry in particular. My central thesis is that SORWUC’s socialist-feminist unionism and commitment to organizing unorganized workers positioned the union as radically differ­ent from the mainstream labour movement. This difference both helped and hindered the union. Specifically, SORWUC’s experiences organizing workers at Bimini pub and Muckamuck restaurant in British Columbia demonstrate that although its alternative structure and strategies aided organizing and strike efforts, these factors made little difference in the union’s dealings with the labour relations boards and the courts: in both cases, the action or inaction of the state ultimately determined the outcome. Although SORWUC no longer exists, it remains an important historical example of how workers in Canada have been and can be organized. SORWUC thus offers important lessons about service worker organizing, alternative forms of unionization, and the powerful role of the state in labour relations in the postwar period.

Relatively little attention has been paid to understanding and addressing the potential health-related barriers faced by older workers to stay at work. Using three representative samples from the Canadian Community Health Survey, we examined the relationship between seven physical chronic conditions and labour market participation in Canada between 2000 and 2005. We found that all conditions were associated with an increased probability of not being able to work due to health reasons. In our adjusted models, heart disease was associated with the greatest probability of not working due to health reasons. Arthritis was associated with the largest population attributable fraction. Other variables associated with not being able to work due to health reasons included older age, female gender and lower educational attainment. We also found particular combinations of chronic conditions (heart disease and diabetes; and arthritis and back pain) were associated with a greater risk than the separate effects of each condition independently. The results of this study demonstrate that chronic conditions are associated with labour market participation limitations to differing extents. Strategies to keep older workers in the labour market in Canada will need to address barriers to staying at work that result from the presence of chronic conditions, and particular combinations of conditions.

The article reviews the book, "An Environmental History of Canada," by Laurel Sefton MacDowell.

The article reviews and comments on the books, "Connecting Canadians: Investigations in Community Informatics," edited by Andrew Clement, Michael Gurstein, Graham Longford, Marita Moll, and Leslie Regan Shade; "Alternative Media in Canada," edited by Kirsten Kozolanka, Patricia Mazepa, and David Skinner; "Public Engagement and Emerging Technologies," edited by Kieran O’Doherty and Edna Einsiedel; and "Networks Of Outrage and Hope: Social Movements in the Internet Age," by Manuel Castells.

Book review of: Articuler emploi et famille : le rôle du soutien organisationnel au coeur de trois professions by Diane-Gabrielle Tremblay.

This article reviews the book, "Climate@Work," edited by Carla Lipsig-Mummé.

This article reviews the book, "Clearing the Plains: Disease, Politics of Starvation, and the Loss of Aboriginal Life," by James Daschuk.

Critiques the Conservative Party's attack on evidence-based research and the teaching of Canadian history as part of a broader, neoliberal assault on equality, including feminism, environmental protection, and minority rights.

The article reviews and comments on the books, "Foodopoly: The Battle over the Future of Food and Farming in America," by Wenonah Hauter; "Health and Sustainability in the Canadian Food System: Advocacy and Opportunity for Civil Society," edited by Rod MacRae and Elisabeth Abergel; and "Food Sovereignty in Canada: Creating Just and Sustainable Food Systems," edited by Hannah Wittman, Annette Aurélie Desmarais, and Nettie Wiebe.

"Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case," by Fay Faraday, Judy Fudge and Eric Tucker, is reviewed.

This article reviews the book, "American Anarchism," by Steve J. Shone.

The Wagner Act Model has formed the basis of Canada's collective bargaining regime since World War II but has come under intense scrutiny in recent years because of legislative weakening of collective bargaining rights, constitutional litigation defending collective bargaining rights and declining union density. This article examines and assesses these developments, arguing that legislatively we have not witnessed a wholesale attack on Wagnerism, but rather a selective weakening of some of its elements. In the courts, it briefly appeared as if the judiciary might constitutionalize meaningful labour rights and impede the erosion of Wagnerism, but recent judicial case law suggests the prospects for this outcome are fading. While the political defence of Wagnerism may be necessary when the alternatives to it are likely worse, holding on to what we've got will not reverse the long-term decline in union density. The article concludes that at present there are no legal solutions to the labour movement's problems and that innovative efforts to represent workers' collective interests outside of formal collective bargaining provide a more promising alternative.

This article reviews the book, "Union Voices: Tactics and Tensions in UK Organizing," by Melanie Simms, Jane Holgate, and Edmund Heery.