We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
CRAFTING AN ABORIGINAL LABOUR LAW.
- Authors
MAZEROLLE, CRAIG
- Abstract
An unfortunate tension exists between the indigenous struggle for self-governance and the desire of workers to access the protections of the Canadian labour relations regime. Indigenous governments have an interest in crafting laws that take back control from the Crown, but this legislative upper hand can be used to the detriment of workers who want to organize unions within these same communities. With an eye to balancing the interests of indigenous sovereignty and the labour movement, this article argues that the flexibility inherent in the Supreme Court of Canada's recent freedom of association jurisprudence presents a promising way forward. By establishing a necessary floor of worker protections, as opposed to a set list of legal rules and assumptions, s. 2(d) may allow indigenous communities and unions to craft uniquely Aboriginal forms of labour regulation that meet the needs of workers and communities alike.
- Subjects
CANADA; LABOR laws; INDUSTRIAL relations; EMPLOYEES; JURISPRUDENCE; LABOR unions; FREEDOM of association
- Publication
University of Toronto Faculty of Law Review, 2016, Vol 74, Issue 1, p18
- ISSN
0381-1638
- Publication type
Article