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Full-Text Articles in Law

What We Owe Workers As A Matter Of Common Humanity: Sickness And Caregiving Leaves And Pay In The Age Of Pandemics, Eric Tucker, Leah F. Vosko, Sarah Marsden Nov 2020

What We Owe Workers As A Matter Of Common Humanity: Sickness And Caregiving Leaves And Pay In The Age Of Pandemics, Eric Tucker, Leah F. Vosko, Sarah Marsden

Articles & Book Chapters

No abstract provided.


Class Crimes: Master And Servant Laws And Factories Acts In Industrializing Britain And (Ontario) Canada, Eric Tucker, Judy Fudge May 2020

Class Crimes: Master And Servant Laws And Factories Acts In Industrializing Britain And (Ontario) Canada, Eric Tucker, Judy Fudge

Articles & Book Chapters

This chapter compares the historical development and use of criminal law at work in the United Kingdom and in Ontario, Canada. Specifically, it considers the use of the criminal law both in the master and servant regime as an instrument for disciplining the workforce and in factory legislation for protecting workers from unhealthy and unsafe working conditions, including exceedingly long hours work. Master and servant legislation that criminalized servant breaches of contract originated in the United Kingdom where it was widely used in the nineteenth century to discipline industrial workers. These laws were partially replicated in Ontario, where it had …


Federal Enforcement Of Migrant Workers’ Labour Rights In Canada: A Research Report, Eric M Tucker, Sarah Marsden, Leah F. Vosko Jan 2020

Federal Enforcement Of Migrant Workers’ Labour Rights In Canada: A Research Report, Eric M Tucker, Sarah Marsden, Leah F. Vosko

Articles & Book Chapters

Although Canada’s migrant labour program is seen by some as a model of best practices, rights shortfalls and exploitation of workers are well documented. Through migration policy, federal authorities determine who can hire migrant workers, and the conditions under which they are employed, through the provision of work permits. Despite its authority over work permits, the federal government has historically had little to do with the regulation of working conditions. In 2015, the federal government introduced a new regulatory enforcement system - unique internationally for its attempt to enforce migrants’ workplace rights through federal migration policy - under which employers …


Freedom To Strike? What Freedom To Strike? Back-To-Work Legislation And The Freedom To Strike In Historical And Legal Perspective, Eric Tucker Jan 2020

Freedom To Strike? What Freedom To Strike? Back-To-Work Legislation And The Freedom To Strike In Historical And Legal Perspective, Eric Tucker

Articles & Book Chapters

Defenders of labour rights rightly criticize the enactment of back-to-work (BTW) legislation ending otherwise lawful strikes as egregious interference with the freedom to strike, a freedom that in 2015 the Supreme Court of Canada (SCC) held is constitutionally protected. Yet, often overlooked in discussions of the freedom to strike and the propensity of neoliberal governments to limit that freedom through exceptional measures is the baseline of restrictions built into the DNA of Canada’s version of the Wagner Act Model (WAM) of collective bargaining. The first goal of this essay, therefore, is to locate BTW measures in the longer history and …