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Labor and Employment Law

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Canada

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Full-Text Articles in Law

The Freedom To Strike In Canada: A Brief Legal History, Judy Fudge, Eric Tucker Feb 2015

The Freedom To Strike In Canada: A Brief Legal History, Judy Fudge, Eric Tucker

Eric M. Tucker

This paper looks at the "deep roots" of striking as a social practice in Canada, by providing an analytic framework for approaching the history of the right to strike, and then sketching the contours of that history. Focusing on the three key worker freedoms - to associate, to bargain collectively, and to strike - the authors trace the jural relations between workers, employers and the state through four successive regimes of industrial legality in Canada: master and servant; liberal voluntarism; industrial voluntarism; and industrial pluralism, the latter marked by the adoption of the Wagner Act model. On the basis of …


Street Railway Strikes, Collective Violence, And The Canadian State, 1886-1914, Eric Tucker Jul 2014

Street Railway Strikes, Collective Violence, And The Canadian State, 1886-1914, Eric Tucker

Eric M. Tucker

Street railway strikes in the late nineteenth and early twentieth centuries were often accompanied by high levels of public disorder. The challenge to public authorities, however, was not just in the scale of the disorder but also the disjuncture between the behaviour that a significant portion of the working-class community felt was legitimate in the circumstances and what the law tolerated. Public officials confronted with this dilemma had to negotiate between the disparate zones of community and legal toleration. How much disorder would they tolerate before mobilizing the coercive power of the state to protect the right of the street …


The Impact Of Regionally Differentiated Entitlement To Ei On Charter-Protected Canadians, Sujit Choudhry, Michael Pal Dec 2010

The Impact Of Regionally Differentiated Entitlement To Ei On Charter-Protected Canadians, Sujit Choudhry, Michael Pal

Sujit Choudhry

Under Canada’s Employment Insurance (EI) program, access to unemployment benefits varies according to the regional unemployment rate. Previous studies have shown that this regime works to the disadvantage of certain provinces and urban areas. In this paper we measure the impact of the variable regional entrance requirements on specific minority workers, including visible minorities, linguistic minorities, recent immigrants, and naturalized citizens. We find that over the period 2000-2010, the regional variation in access to EI results in certain minority workers being required to work modestly more hours to qualify for EI than the average worker. Though the findings with regard …