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Full-Text Articles in Law

Self-Employed Workers Organize: Law, Policy, And Unions, Cynthia Cranford, Judy Fudge, Eric Tucker, Leah Vosko Jul 2014

Self-Employed Workers Organize: Law, Policy, And Unions, Cynthia Cranford, Judy Fudge, Eric Tucker, Leah Vosko

Eric M. Tucker

Over a million self-employed Canadians work every day but many of them not entitled to the basic labour protections and rights such as minimum wages, maternity and parental leaves and benefits, pay equity, a safe and healthy working environment, and access to collective bargaining. The authors of Self-Employed Workers Organize offer a multi-disciplinary examination of the legal, political, and social realities that both limit collective action by self-employed workers and create huge impediments for unions attempting to organize them. Through case studies of newspaper carriers, rural route mail couriers, personal care workers, and freelance editors - four groups who have …


Constitutional Labour Rights In Canada: Farm Workers And The Fraser Case, Fay Faraday, Judy Fudge, Eric Tucker Jul 2014

Constitutional Labour Rights In Canada: Farm Workers And The Fraser Case, Fay Faraday, Judy Fudge, Eric Tucker

Eric M. Tucker

On 29 April 2011, the Supreme Court of Canada released its much-anticipated decision in Attorney General of Ontario v Fraser, which dealt with the scope of constitutional protection of collective bargaining. The case involved a constitutional challenge to an Ontario statute on the grounds that it violated agricultural workers’ freedom of association and right to equality by excluding them from the statutory protection that is available to virtually all other private sector workers and by failing to provide them with alternative legislative support for meaningful and effective collective bargaining rights. Although the Court upheld the constitutionality of the legislation …


Working Disasters: The Politics Of Recognition And Response, Eric Tucker Jul 2014

Working Disasters: The Politics Of Recognition And Response, Eric Tucker

Eric M. Tucker

Every day, workers are injured, made ill, or killed on the job. Most often, workers experience these harms individually and in isolation. Particular occurrences rarely attract much public attention beyond, perhaps, a small paragraph in the local newspaper. Instead, these events are normalized. This membrane of normalcy, however, is ruptured from time to time, especially after a disaster. This edited collection draws together original case studies written by leading researchers in Australia, Canada, Great Britain, Sweden, and the United States that examine the politics of working disasters. The essays address two fundamental questions: what gets recognized as a work disaster? …


Labour Before The Law: The Regulation Of Workers' Collective Action In Canada, 1900-1948, Judy Fudge, Eric Tucker Jul 2014

Labour Before The Law: The Regulation Of Workers' Collective Action In Canada, 1900-1948, Judy Fudge, Eric Tucker

Eric M. Tucker

In this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century, into industrial voluntarism, whose centrepiece was Mackenzie King's Industrial Disputes Investigation Act of 1907. This period was marked by coercion and compromise, as workers organized and fought to extend their rights against the profit oriented owners …


Work On Trial: Canadian Labour Law Struggles, Judy Fudge, Eric Tucker Jul 2014

Work On Trial: Canadian Labour Law Struggles, Judy Fudge, Eric Tucker

Eric M. Tucker

Work on Trial is a collection of studies of eleven major cases and events that have helped to shape the legal landscape of work in Canada. While most of the cases are well-known because of the impact they have had on collective bargaining, individual employment law, or human rights, less is known about the social and political contexts in which the cases arose, the backgrounds and personalities of the judges and the litigants, the legal manoeuvres that were employed, or the ultimate fate of all those who were involved. These studies, written by some of Canada’s leading labour and legal …


Administering Danger In The Workplace: The Law And Politics Of Occupational Health And Safety Regulation In Ontario, 1850-1914, Eric Tucker Jul 2014

Administering Danger In The Workplace: The Law And Politics Of Occupational Health And Safety Regulation In Ontario, 1850-1914, Eric Tucker

Eric M. Tucker

No abstract provided.


Property On Trial: Canadian Cases In Context, James Muir, Eric Tucker, Bruce Ziff Jul 2014

Property On Trial: Canadian Cases In Context, James Muir, Eric Tucker, Bruce Ziff

Eric M. Tucker

Property on Trial is a collection of 14 studies of Canadian property law disputes — some well-known, some more obscure — that have helped to shape the contours of the principles and rules of property law over 150 years. These studies, written by some of Canada's leading legal historians, range in time from a discussion of a nineteenth-century dispute over the ownership of seal pelts in Newfoundland to modern questions of what constitutes private property in a digital age. They investigate the relationship between private and public interests in property; the limits of private property owners' rights in relation to …