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Il est bien connu que les immigrants rencontrent plusieurs difficultés d’intégration dans le marché du travail canadien. Notamment, ils gagnent des salaires inférieurs aux natifs et ils sont plus susceptibles que ces derniers d’occuper des emplois précaires ou pour lesquels ils sont surqualifiés. Dans cette recherche, nous avons traité de ces trois problèmes sous l’angle de la qualité d’emploi. À partir des données des recensements de la population de 1991 à 2006, nous avons comparé l’évolution de la qualité d’emploi des immigrants et des natifs au Canada, mais aussi au Québec, en Ontario et en Colombie-Britannique. Ces comparaisons ont mis en évidence la hausse du retard de qualité d’emploi des immigrants par rapport aux natifs dans tous les lieux analysés, mais plus particulièrement au Québec. Le désavantage des immigrants persiste même lorsqu’on tient compte du capital humain, des caractéristiques démographiques et du taux de chômage à l’entrée dans le marché du travail. La scolarité, l’expérience professionnelle globale et les connaissances linguistiques améliorent la qualité d’emploi des immigrants et des natifs. Toutefois, lorsqu’on fait la distinction entre l’expérience de travail canadienne et l’expérience de travail étrangère, on s’aperçoit que ce dernier type d’expérience réduit la qualité d’emploi des immigrants. Dans ces circonstances, nous trouvons incohérent que le Canada et le Québec continuent à insister sur ce critère dans leur grille de sélection des travailleurs qualifiés. Pour valoriser les candidats les plus jeunes ayant peu d’expérience de travail dans leur pays d’origine, nous suggérons d’accroître l’importance accordée à l’âge dans ces grilles au détriment de l’expérience. Les jeunes, les étudiants étrangers et les travailleurs temporaires qui possèdent déjà une expérience de travail au Canada nous apparaissent comme des candidats à l’immigration par excellence. Par contre, les résultats obtenus à l’aide de la méthode de décomposition de Blinder-Oaxaca ont montré que l’écart de qualité d’emploi entre les immigrants et les natifs découle d’un traitement défavorable envers les immigrants dans le marché du travail. Cela signifie que les immigrants sont pénalisés au chapitre de la qualité d’emploi à la base, et ce, peu importe leurs caractéristiques. Dans ce contexte, la portée de tout ajustement aux grilles de sélection risque d’être limitée. Nous proposons donc d’agir également en aval du problème à l’aide des politiques d’aide à l’intégration des immigrants. Pour ce faire, une meilleure concertation entre les acteurs du marché du travail est nécessaire. Les ordres professionnels, le gouvernement, les employeurs et les immigrants eux-mêmes doivent s’engager afin d’établir des parcours accélérés pour la reconnaissance des compétences des nouveaux arrivants. Nos résultats indiquent aussi que le traitement défavorable à l’égard des immigrants dans le marché du travail est plus prononcé au Québec qu’en Ontario et en Colombie-Britannique. Il se peut que la société québécoise soit plus réfractaire à l’immigration vu son caractère francophone et minoritaire dans le reste de l’Amérique du Nord. Pourtant, le désir de protéger la langue française motive le Québec à s’impliquer activement en matière d’immigration depuis longtemps et la grille de sélection québécoise insiste déjà sur ce critère. D’ailleurs, près des deux tiers des nouveaux arrivants au Québec connaissent le français en 2011. It is well documented that immigrants face many difficulties in the Canadian labour market. Particularly, compared to native-born, they earn lower wages, occupy more precarious jobs and are often overqualified. In this research, we discuss these three issues in terms of job quality. Using the data from the 1991 to 2006 Canadian population censuses, we compare the trends in job quality of immigrants and native-born in Canada, Quebec, Ontario and British Columbia. These comparisons highlight the rising gap in job quality between immigrants and native-born in the four geographical areas, but especially in Quebec. This gap persists even after controlling human capital, demographic variables and unemployment rate at entry in the labour market. Overall, we found that education, work experience and language skills improve the job quality of immigrants and their native-born counterparts. However, when we separate Canadian and foreign work experience, we find that the latter type of experience reduces job quality of immigrants. In these circumstances, it is counterproductive that Canada and Quebec continue to insist on this criterion in the point systems. We also suggest increasing the importance of age in the point systems in order to encourage the admission of younger candidates with little or no foreign experience. Youth, foreign students and temporary workers who already have work experience in Canada appear to be ideal candidates for immigration. Nevertheless, using Blinder-Oaxaca decomposition method, we show that the job quality gap between immigrants and natives is mainly due to unfavourable treatment of immigrants in the labour market. This means that immigrants are penalized in terms of job quality regardless of their characteristics. In this context, the selection of the best candidates for immigration may produce a limited effect. We therefore suggest acting downstream with public policy to support employment integration of immigrants. To do so, a better coordination between all actors in the labour market is required. Professional orders, government, employers and immigrants must establish accelerated pathways of skills recognition for newcomers. In addition, our results indicate that the treatment of immigrants in the labour market is more problematic in Quebec compared to Ontario and British Columbia. It is likely that Quebec society is less open to immigration given its francophone character and its minority status in North America. Since the beginning, the desire to protect the French language motivates Quebec to be actively involved in immigration and the Quebec point system already emphasizes this criterion. Moreover, nearly two-thirds of newcomers to Quebec speak French in 2011.

In the mid-1970s, three employee groups at Carleton University changed campus labour relations dramatically: the professors and librarians who belonged to the Carleton University Academic Staff formed the first Ontario faculty union in June 1975; nine months later the Ontario Labour Relations Board certified the Carleton University Support Staff Association as the bargaining agent for the administrative and technical staff. The history of faculty labour action at Carleton has been told but not that of either academic librarians or support staff so this case of unionism provides a unique opportunity to compare their experiences. Working primarily with oral histories, I argue that status was critical to mobilizing labour action at Carleton. These employees—many of whom were women—wanted a fair workplace but deliberately chose an independent association over a trade union because such “solidarity by association” was compatible with their deeply held beliefs about their work and place on campus.

Commentary on freelance work in the cultural industries suggests that freelancers are autonomous "free agents" who enjoy fulfilling work and control over their careers. Yet empirical research demonstrates that freelance media work is becoming increasingly precarious. This dissertation is a case study of the working conditions of Canadian freelance writers, the political economic and cultural context in which they work, and their efforts to organize collectively to address challenges they face. The dissertation examines the underlying processes, practices, and power relations that shape the work of freelance writing to argue that freelancers' experiences flow directly from the capitalist logic of the corporate cultural industries in which they work. In this view, freelance writing has been transformed from being primarily a strategy of resisting salaried labour by journalists—an effort to gain some control over the terms of commodification of their labour power and autonomy over their craft—into a strategy for media firms to intensify exploitation of freelance writers' labour power through two primary strategies: the exploitation of unpaid labour time and control of copyright to writers' works. Drawing on Marxist political economic analysis, a survey of Canadian freelance writers, and interviews with freelance writers' unions and organizations, the dissertation examines how exploitation is obscured in freelance cultural work and how it can be confronted through collective organization. The dissertation examines Canadian freelance writers' current organizing efforts: a professional association, a union, and an agency-union hybrid, arguing that the models freelancers favour tend to reinforce notions of professionalism and a preference for service-based organizations, which has not given freelancers the power required to effectively defend themselves against corporations' changing business practices. The dissertation outlines the challenges writers' organizations need to overcome, not least freelance writers' ambivalence toward their status as workers. Finally, the dissertation foregrounds labour processes as central to understanding media, suggesting that continual downloading of the risks of journalistic labour onto precarious workers will have implications for the future of freelance writing as an occupation and the media content produced.

Mexican migrant workers have been coming to Canada since 1974 to work in agriculture as participants of the Seasonal Agricultural Workers Program (SAWP). Presently, Mexicans constitute the majority of SAWP workers. As well, Ontario is the main receiver of these workers followed by British Columbia and Quebec. Accordingly, the scope of this thesis mainly encompasses Mexican workers in Ontario. However, the thesis also includes Mexican SAWP workers in Quebec and British Columbia. This thesis reveals two main issues: (1) that all SAWP workers, particularly Mexican workers, lack key legal rights and protections relating to labour relations, employment, health and safety standards at the structural level of the SAWP; and at the federal, provincial, and international levels. (2) Even when they have rights under legislation relating to the above-mentioned subject matters, Mexicans, especially, lack the capacity to access them. Thus, they become 'unfree labourers' who are placed in a perpetual state of disadvantage, vulnerable to abuse and exploitation once in Canada.To describe the issues above, the thesis is divided into five chapters addressing the following: Chapter 1 presents the historical context behind the SAWP as well as the Mexican workers' circumstances that attract them to participate in the Program. Chapter 2 examines the applicable constitutional and federal framework for SAWP workers. In addition, it highlights key federal exclusions placed on them, which originate in the federal immigration and employment insurance legislation. Chapter 3 concludes that Ontario does not protect its agricultural workers from unfair treatment and exploitation in the workplace; rather, it perpetuates such practices. This reality is intensified for SAWP Mexican workers. Particularly, chapter 3 analyses a constitutional challenge to the Ontario legislation excluding agricultural worker from its labour relations regime; said challenge is based on ss. 2(d) and 15(1) of the Canadian Charter of Rights and Freedoms. Chapter 4 maintains that similarly to workers in Ontario, SAWP workers in Quebec and British Columbia also face extreme disadvantages due in great part to the lack of or limited legal protections. Finally, chapter 5 asserts that due to its implementation in the Canadian framework, international law is inadequate to protect domestic and SAWP workers' rights. While each chapter identifies tangible drawbacks or anomalies, which affect SAWP workers negatively, the thesis also provides recommendations to alleviate said weaknesses.

Contemporary migration has become increasingly transnational as migrants maintain linkages with their place of origin and, in many cases, with multiple places. Transnational practices and identities highlight the complex ways that contemporary immigrants negotiate home. This dissertation explores the ways in which transnational Filipina care workers construct home and a sense of belonging, here and elsewhere. In order to examine these experiences of belonging, I investigate the linkages between paid and unpaid work in various workplaces and places of residence. This research weaves together experiences of paid and unpaid work and the locations that (re)create their feminized, racialized and classed circumstances. . To capture the intricacies of home for transnational Filipina care workers, I analyze the 2006 Canadian Census and Statistics Canada's Ethnic Diversity Survey. I elaborate on these data with in-depth interviews and focus groups with three groups of Filipinas: recent health care workers, recent live-in caregivers and well-established residents. The analysis takes place in the inner suburbs of Scarborough, ON and the outer suburbs of Markham, ON; two locations that are key immigrant reception zones. My methodology investigates how various qualitative and quantitative methods can be employed to better understand how the complex relations between paid and unpaid work in various places of residence and workplaces influence the construction of home for transnational care workers.

This thesis consists of three self-contained essays examining the link between Aboriginal identity and economic success in the Canadian labour market. The analytical approach encompasses mixed methods research, with two empirical tests and one qualitative inquiry. Both the neoclassical and institutional economics approaches to labour market analysis are considered, as discussed in the introduction to the thesis. Essay I employs monthly Labour Force Survey data and examines the difference in the impact of the 2008-2011 economic downturn on Aboriginal and non-Aboriginal workers. The main findings in this essay indicate that the economic downturn had a markedly more negative impact on Aboriginal than on non-Aboriginal workers. For one subgroup of Aboriginal workers - Métis - a large portion of the difference in the impact can be attributed to the difference in endowments while for the other subgroup of Aboriginal workers - North American Indian - only a small portion of the difference in the impact can be attributed to the difference in endowments, much remains unexplained. Essay II employs the 2006 Census and Aboriginal Peoples Survey data and examines the relative impact of various sources of capital -- human, social and cultural -- on the employment success of Aboriginal labour force participants living on-reserve, off-reserve, in urban and in rural areas across Canada. The single most important finding in this essay is that the predictions of human capital theory do not hold up when the associated empirical models are applied to different Aboriginal groups. Another important finding is that for some subgroups of Aboriginal population social capital and cultural factors are potentially important omitted variables in the associated equations. Essay III employs primary data collected from knowledgeable key informants working in the area of Aboriginal labour force development and investigates the role institutional and other constraints, not observable in the statistical information, play in the labour market experience of Aboriginal people. Findings here suggest that many paradoxes and puzzles that persist in the empirical literature can be better understood once the institutional arrangements related to the investment in human and other capital, the legacy of historical disadvantage, and the experience of workplace discrimination are taken into account.

Dans un important arrêt rendu en 2007 dans l’affaire Health Services and Support, la Cour suprême du Canada a reconnu pour la première fois que la liberté d’association énoncée à la Charte canadienne des droits et libertés protégeait la «capacité des syndiqués d’engager des négociations collectives sur des problèmes reliés au milieu de travail». Pour conclure ainsi, la Cour trouve appui dans le droit international du travail. Avec cette décision, la Cour renverse sa position établie une vingtaine d’années plus tôt voulant que la négociation collective ne soit pas une activité bénéficiant d’une protection à titre de droit fondamental. Suite à ce changement de paradigme, nombre d’auteurs ont été d’avis que la constitutionnalisation du droit de négociation collective pourrait avoir des effets sur la validité de différentes mesures législatives et sur l’interprétation des lois encadrant les régimes de relations de travail. De plus, la négociation collective étant historiquement indissociable de la grève, il y avait tout lieu de croire que la protection de la Charte pourrait être étendue au droit de grève. Par la suite, en 2011, la Cour suprême a rendu la décision Fraser portant sur l’accès à un régime de représentation collective, précisant la portée du droit de négociation collective tel qu’envisagé dans Health Services. Le présent mémoire recense la jurisprudence qui a abordé la protection constitutionnelle de la négociation collective en droit public canadien et en droit privé québécois depuis l’arrêt Health Services afin d’identifier ses effets sur la validité des restrictions au droit de grève, sur la validité des restrictions au contenu des négociations et sur l’imposition de conditions de travail, sur la validité des exclusions de certaines catégories de travailleurs des régimes de représentation collective, et sur l’interprétation des dispositions de ces régimes. Les résultats de la recherche nous permettent de conclure que la constitutionnalisation du droit de négociation collective a engendré un certain volume de contestations de la part d’organisations syndicales. Ces procédures ont porté fruit dans des situations où l’atteinte aux droits était similaire aux précédents de la Cour suprême ainsi que dans un cas lié au droit de grève. Les effets plus vastes envisagés dans la recension de la littérature ne se sont pas matérialisés. Par ailleurs, nos résultats en droit privé indiquent que la constitutionnalisation du droit de grève n’a pas eu d’impact sur l’interprétation des régimes de relations industrielles. Enfin, le recours ou non au droit international par les tribunaux n’a pas d’effet sur nos résultats.

This study is about the ongoing transformation of neoliberal public policy, precarious work, and public sector unions' struggles against demands for austerity. Situated in long-term historical perspective, I examine to what extent changes in the nature and content of government intervention, social welfare provision, and restructuring of the public sector are structurally-induced, the products of historical and contemporary circumstances, the result of mismanagement, or some combination of other factors. I argue that in addition to reducing the compass of social services, recent expenditure restraint measures have targeted unionized workers in order to lower wages and reduce benefits across the sector. Case studies include original analyses of striking workers at the Canadian Museum of Civilization Corporation, collective bargaining between teaching assistants and contract instructors and Carleton University, and striking civic workers at the city of Toronto. Together the cases break new ground in understanding how neoliberalism is being reconstructed and redeployed in light of the Great Recession and the consequences this has had on public sector workers and services. The three jurisdictions in this study - municipal, provincial, and federal - represent three scales of neoliberal restructuring in Canada. While all three governments have resorted to some form of austerity, the methods used to reduce the deficit and move toward balanced budgets have been differential and multifaceted. These include service delivery restructuring, increasing use of public-private-partnerships, privatization, new user-fees, and/or consumption taxes, as well as public sector worker layoffs, workplace intensification, and the selling of Crown assets. I contend that such measures seek to shift the burden of recession onto the public sector by reducing social services provisioning and seeking concessions from unionized public sector workers. In fact, the state has taken a leading role in narrowing the field of free collective bargaining, suspending trade union rights, and implementing an aggressive program of dispossession. Absent the collective capacities to stop let alone reverse these measures, public sector unions have reached an impasse. Unable to translate militancy into an alternative ideological perspective and a coherent political and economic program, they continue to desperately hang onto previous gains that look increasingly insecure and fragile. I argue that in order for unions to regain their once prominent role in the pursuit of social justice and workplace democracy, they will need to take the risks of organizing working class communities and fighting back while they still have some capacity to do so - else they risk continuing the decades-long labour impasse and union decline. In my view, this necessarily requires an explicitly anti-capitalist perspective, with the aim being to develop both alternative policies and an alternative politics rooted in the working class.

The purpose of this study was to examine the perceptions of working women when they announce their pregnancies, take maternity leave, transition back to work, and utilize flexible work policies. Using a qualitative methodology, transcripts of in-depth interviews were analyzed utilizing a life history approach. Key findings of the study are that women perceive more negative responses to the announcement of their pregnancies than positive ones. In terms of maternity and parental leave policies, all the participants had access to these benefits. Women found issues with financial adequacy, administration, and duration of these policies. Mothers found that financial support from the Canadian government was inadequate to allow them to take the full duration of the 52-week maternity and parental leave for which they were eligible. In addition, employer “top-up” payments were limited and administrative details of maternity leave were often not discussed fully with pregnant workers. When women returned to work, they found that workplaces did not offer resources such as a phased-in return to work or personnel to help them re-engage with their prior work projects. Women discussed the challenges of managing their dual roles of worker and mother and found that managers and coworkers put them in a mommy mould which lessened the quality of their assignments. New mothers found that they had difficultly juggling their work and home responsibilities, finding time for themselves, and receiving increased domestic support from their spouses. While some workplaces offered women flexible workplace policies, not all mothers chose to access them as they found these policies often negatively impacted their career progression. Other issues were a lack of flexible workplace policy transparency, inconsistent manager support, and difficulty maintaining a flexible schedule. Findings have major implications for an improved response from managers upon pregnancy announcement, improved dialogue among employers about increasing “top up” maternity leave pay to new mothers, developing a formal transition plan for new mothers returning to the workplace, and expanding the use of flexible workplace policies.

This study examines twenty radio programs created by the local CSN union at Price-Kénogami in the Saguenay, Quebec, on community radio station, CHOC FM. The program began during a period of profound change in the pulp and paper industry in Quebec that was marked by protracted labour conflict at this plant. The union envisaged a program that would inspire rank-and-file workers' labour activism and broadcast pro-labour news and information to the wider community. Yet if union executives hoped to insert working-class interests into the public sphere and carve out a space for class-based conversations about labour and social justice, their aspirations were never fully realized. Instead of broadening the circle of active union members and creating a class-based counter-public, the weekly CSN broadcasts became the exclusive reserve of union activists. Radio shows legitimized the actions of union executives and increased the latter’s sense of the union’s momentum. In mirroring Habermas’ conception of the public sphere, the CSN broadcasts privileged the voices of a selected few union executives. When the bitter strike of 1980-81 divided workers at Abitibi-Price (formerly Price-Kénogami), union radio hosts refused to even comment on the position of the dissidents. The CSN union broadcasts neither allowed for spirited internal debate nor did they help create effective channels through which to intervene in the public sphere. Rather, labour programming on CHOC remained an extension of the union, which seemed content with using the weekly broadcasts as an inward-looking space for self-reflection.

This dissertation examines the rise of teachers’ union militancy in Ontario through a case study of the Federation of Women Teachers’ Associations of Ontario (FWTAO) and the Ontario Public School Teachers’ Federation (OPSTF) between 1970 and their amalgamation into the Elementary Teachers’ Federation of Ontario (ETFO) in 1998. It uses the archival records of the two unions, relevant legislation, media records, personal collections, and interviews to explore how these two professional organizations became politicized, militant labour unions able to engage with the state and the trustees of boards of education. The Introduction situates the public education project within nation building in a capitalist-democracy and outlines the theoretical influences informing the dissertation. Chapter 1 follows the two unions during the 1970s as they developed into labour unions. The 18 December 1973 one-day, province-wide, political strike achieved the right to strike and established a unique labour regime for teachers. Chapter 2 examines the advance of the unions during the 1980s as they developed labour militancy. At the same time, neo-liberalism was ascending and the post-war social accord was coming to an end resulting in attacks on unions and cuts to social programs. How gender affected the elementary teachers’ unions between 1970 and 1990 is developed in Chapter 3. The FWTAO campaigned for women’s equality on a platform of liberal feminism while the OPSTF followed a unionist path in an effort to convince women teachers to join them. iii Chapter 4 scrutinizes the effect of neo-liberal ideology on education during the 1990–1995 Bob Rae NDP government and the impact the Social Contract had on teachers. The development of teacher resistance to the neo-liberal state is explored in Chapter 5. Alliances with other labour organizations during the Days of Action campaign culminated in a two-week, province-wide strike in the fall of 1997 against the Mike Harris Conservative government. The Conclusion brings together the findings of the dissertation and suggests future research exploring teacher union strength in the Canadian context.

This thesis provides a multi-method – historical, quantitative, qualitative, and jurisprudential – socio-legal case study of the unionization of agricultural workers in British Columbia. Agricultural employees have access to the Labour Relations Code of British Columbia. A historical examination of exclusion of agricultural workers from labour relations legislation from 1937 to 1975 explores the rationale behind labour relations laws and the political context of the legislative exclusion. Next, economic aspects of BC’s agricultural sector are described, with a focus on employment characteristics and the regionalised nature of agricultural production. Finally, this thesis explains the legal aspects of an ongoing campaign by the United Food and Commercial Workers (UFCW) to unionize migrant and resident agricultural workers. The union organizing campaign shows how legal labour relations processes operate in relation to migrant workers in a sector with low rates of unionization and high rates of precarious and low-paid, dangerous work.

Work in the same-day courier sector is a precarious form of employment. Workers in this sector are also treated as self-employed and hired as independent contractors. The relationship with the firm for which they work, however, is hardly distinguishable from an employment relationship. Messengers are among a growing number of workers in Canada who can be labeled as disguised employees. To explore the phenomenon of disguised employment, I use a case study approach informed by critical political economic theory and a purposive approach to labour and employment law to examine work in the same-day courier sector in Toronto with a focus on a subpopulation of workers in this sector: bike messengers. I examine the causes and consequences of self-employment in the same-day courier sector, analyze messengers' work and argue that their employment status entails misclassification. In an increasingly market-mediated society we are witnessing a proliferation of unprotected work relationships with disguised employment being one manifestation of this development. Fortunately, some unions are trying to organize workers in disguised employment relationships. In this dissertation, I also examine an attempt by the Canadian Union of Postal Workers to organize workers in Toronto's same-day courier sector. I explore the processes and implications of organizing disguised employees and examine how organizing these workers relates to and can inform the project of union renewal in Canada. Gaining employee status, however, is no guarantee of successful organizing. The same-day courier sector is highly competitive and is dominated by small, decentralized employers. Organizing in such a sector is a formidable task. Under the collective bargaining regime, unions have to organize workers workplace by workplace. However, this is proving to be ineffective in highly competitive sectors dominated by small employers, and organizing efforts will likely only result in limited success. As I argue, unions can develop innovative strategies and tactics to organize workers. However, with the many structural obstacles unions face, these strategies and tactics can often fall short of their goals. To facilitate unionization in the same-day courier sector, the collective bargaining regime needs to be overhauled to mandate, or at least promote, multi-employer bargaining.

Temporary foreign workers have been employed – or simply used – throughout history. Their plights have gained some attention across the globe in recent decades. Canada as a major receiving country of these workers and the Philippines as a prolific sending country of workers are selected as case studies to examine whether measures taken internationally, nationally and locally are adequate to protect these workers, especially those in low-skilled occupations. Based on prior research on the workers’ well-being, the answer is no in at least five areas: recruitment, matching of qualifications, abuse, housing, and family separation. Suggestions are made to address these specific areas. In addition, it is argued that, in order to protect the workers, civil society should also be involved and expanded rights should be given to the workers.

Many Filipino immigrants have moved to Canada as professionals, with high levels of English fluency and education. However, first and second generation Filipino-Canadians are still relatively disadvantaged in the labour market. Despite these negative collective outcomes, individual trajectories differ greatly, with many individuals achieving high levels of education and desirable employment. My research examines how social surroundings can facilitate or impede pathways to post-secondary education and employment by shaping aspirations and providing connections to the labour market. The research also analyses how gendered childrearing approaches, employment aspirations, peer norms and available role models result in distinct gendered experiences. The study is based on semi-structured interviews with adult children of Filipino immigrants in the Vancouver area who have attended post-secondary education and are employed. It will explain how, in most cases, trajectories are strongly influenced by the social networks in the spaces of the home, neighbourhood, education system and the Philippines.

This study examines the experiences of highly educated South Asian immigrant women working as home-based entrepreneurs within ethnic enclaves in Toronto, Canada. The importance of their work and experiences need to be understood in the context of two processes. On the one hand, there is the neoliberal hegemonic discourse of “enterprising self” that encourages individuals to become “productive”, self-responsible, citizen-subjects, without depending on state help or welfare to succeed in the labour market. On the other hand, there is the racialized and gendered labour market that systematically devalues the previous education and skills of non-white immigrants and pushes them towards jobs that are low-paid, temporary and precarious in nature. In the light of the above situations, I argue that in the process of setting up their home-based businesses, South Asian immigrant women in my study negotiate the barriers they experience in two ways. First, despite being inducted into different (re)training and (re)learning that aim to improve their deficiencies, they continue to believe in their abilities and resourcefulness, thereby challenging the “remedial” processes that try to locate lack in their abilities. Second, by negotiating gender ideologies within their families and drawing on community ties within enclaves they keep at check the individuating and achievement oriented ideology of neoliberalism. They, therefore, demonstrate how the values of an “enterprising self” can be based on collaboration and relationship rather than competition, profit or material success. The concept of “negotiation”, as employed in this thesis, denotes a form of agency different from the commonly perceived notions of agency as formal, large-scale, macro organization or resistance. Rather, the concept is based on how women resort to multiple, various and situational practices of conformity and contestation that often can blend into each other.

Demographic trends both provincially and nationally indicate increasing life expectancy and growing numbers of older adults living with chronic disease and disability. Human resource projections predict that Canada will need to double the number of formal home care workers in order to meet future demands. This demographic change has also resulted in increasing numbers of older adults choosing to remain engaged in the workforce past the traditional age time of retirement. Research on supportive services in the community has identified the issues and challenges of homecare but little has addressed the complex interplay of economic, political, and social factors that have resulted in the health and safety challenges associated with the work provided by home support workers. Using a method of inquiry called Institutional Ethnography, this research explored the meaning of work and health and safety considerations of workers over 50 years old who are providing home support services in Newfoundland. This exploration of health and safety needs and practices, work environments, as well as policies and government systems regulating the employment of workers can be summarized into three threads that describe the everyday work of these aging home support workers: Crossing Boundaries - More Than Just a Job; Making it Work in Unhealthy and Unsafe Work Environments; and Becoming a Home Support Worker: Experience, Orientation, and Training Necessary to do the Work. The findings suggest that decision making practices to engage in risk taking behaviour that impact health and safety in the workplace are influenced by the meaning of work as well as the emotional connections and close, personal relationships with clients. It is anticipated that this research may positively influence the health and safety of aging workers in this sector. This will be achieved through the recommendations for policy and practice that emerged from this research including the development and implementation of a risk assessment tool for home support workers, clear standards on education, orientation, and training, wage parity with the acute care sector, and more clarity on title, roles, and responsibilities of home support workers.

The number of people with less than permanent migration status in Canada has increased in recent decades. While such people often have social and economic ties to Canada, and live and work within its territory, they do not have legal permanent membership by way of permanent residence or citizenship, and experience differential access to legal rights and entitlements. This dissertation examines the role of migration status in the lives of people who identify themselves as having “uncertain” migration status. In this study, I draw on interviews with migrants and representatives of migrant-serving agencies as well as legal and policy texts, deploying Dorothy Smith’s institutional ethnography as a methodology to ground the dissertation both analytically and structurally in the interview data. This study enlarges the understanding of the nature and effects of migration status as it is enacted in local institutional sites. Using the construct of “precarious migration status” as a theoretical frame, I focus specifically on the nature and effects of precarious migration status. I explore the effect of precarious migration status on working life and on migrants’ interactions with state institutions governing health care, education, and income security. I conclude that precarious migration status has a deleterious effect on the employment relationship itself as well as access to worker protections, even though the law creates no formal barrier to such protections on the basis of status. With regard to social state, individuals with precarious status are often formally excluded in the text of the law as well as through various exclusionary policies and practices within local institutional sites. I conclude that institutional sites in which precarious migration status functions to exclude should be understood as forms of enforcement. I further conclude that human rights and anti-discrimination strategies through Charter and provincial human rights statutes, while valuable, are unlikely to improve inclusion for precarious migrants, while contestation of membership at the level of local institutions has greater potential to do so.

On 25 February 1932 some 6000 protestors descended on Vancouver for a “Hunger March” organized by the Communist Party of Canada (CPC) to demonstrate for better conditions for workers, both employed and unemployed, across the nation. Although Hunger Marches were organized throughout Canada, Vancouver’s march was by far the largest and certainly the most successful. This study presents a thorough examination of the circumstances surrounding the Hunger March and explains what made the event such a unique success in this city. The event’s success derives from the Vancouver CPC ‘s ability to take advantage of the large mass of transients who came into the city in the early part of the Great Depression and then to funnel their discontent into mass agitation. The following study shows how the Hunger March is symbolic of the Vancouver CPC’s revolutionary pragmatism during the Third Period,

“The relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power. In its inception it is an act of submission, in its operation it is a condition of subordination, however much the submission and the subordination may be concealed by the indispensable figment of the legal mind known as the 'contract of employment'.” Otto Kahn-Freund , Labour and the Law (London: Stevens, 1977) This study examines the legal evolution of the common law of employment contracts in Ontario between the 1890s and the 1970s. It focuses on the changing relationship between notions of property and contract in employment, as visible through the judicial discourse of reported common law cases. I argue that between the 1890s and the end of the 1970s Ontario saw the emergence and consolidation of two different conceptual paradigms for regulating work at common law. The common law of employment contracts was framed and reframed over different eras of the 20th century through what the courts understood of the nature of the exchange between the parties, the property interests involved and the legal tools necessary to manage that exchange. Contrary to the traditional narrative in the field, the courts of Ontario first conceptualized employment as an exchange as of the turn of the 20th century. This first paradigm emerged in tandem with the province’s second industrial revolution, and sought to regulate the discretionary nature of white collar professional work. The second paradigm was entrenched in the 1960s and 1970s. It is over these years that workers in Standard Employment Relationships (SER) first began to bring employment-related claims to the common law courts, a few decades after it emerged as the paradigmatic form of work around which Ontario’s labour market and employment laws were fashioned over the mid-century. The basic premises of the SER, of long-term employment, job security and internal career advancement, fundamentally changed the psychosical and economic terms of employment. But faced with workers’ claims for recognition of these new terms in law, the courts instead chose to entrench a limited legal framework which denied job security as an enforceable contract term.