Labour Code Review

December 3 2004 -

Review of federal Labour Standards, Part III of the Canada Labour Code This will be the first thorough review of the federal government's laws for work hours, wages, vacations, severance, types of leave (maternity, compassionate, sickness) and sexual harassment since 1965, when the code was introduced.

Review team

Harry W. Arthurs, President Emeritus and University Professor at York University, has been appointed as Commissioner to lead the review. His publications cover the fields of labour and employment law, administrative law, legal education, ethics, history and theory, globalization and constitutional law. He was the first adjudicator of the Public Service of Canada and has served extensively as a labour arbitrator and mediator.

His team includes:

* Sherry Liang - an adjudicator with the Information and Privacy Commissioner of Ontario, dealing with appeals under the Freedom of Information and Protection of Privacy Act and Municipal Freedom of Information and Protection of Privacy Act. She also acts as an arbitrator/mediator, resolving disputes arising under private sector collective agreements.

* Dr. Daphne Taras - currently Professor of Industrial Relations in the Haskayne School of Business and holds a Professorship at the University's Institute for Advanced Policy Research. She is the Haskayne School's former Associate Dean (Research). Her books include Nonunion Employee Representation, the fourth and fifth editions of the leading text Union-Management Relations in Canada, and Information Technology and the World of Work. She has published many articles and book chapters and co-edited journal symposia for Journal of Labor Research.

* Dr. Gilles Trudeau - Professor of Law at the Faculty of Law at the Université de Montréal. He is a former Director of the Ecole de relations industrielles from 1995 to 1999 at this university. He is also member of the Centre de recherche interuniversitaire sur la mondialisation et le travail.His major fields of research and publication include labour standards, industrial discipline, international labour law and the impact of globalization on labour law.

* The panel will also include representatives from business and labour.

Union views

Hassan Yussuff, secretary-treasurer of the Canadian Labour Congress (CLC) says that it is time the Labour Code caught up to the realities of working people in today's economy.

"Work has changed dramatically over the past 40 years and so have the faces of Canada's working people. There are more working women today, we are far more culturally diverse, and more of us work at jobs that bear little resemblance to the nine-to-five, Monday-to-Friday jobs that Canada used to create and keep," says Yussuff.

Yussuff believes that the Labour Code must be modernized to reflect the needs of today's workers. According to Yussuf it should protect part-time, contract and people employed in potentially vulnerable "non standard" employment relationships. The Labour Code should reflect the specific needs of women and visible minority workers, offering protection against discrimination. And, he argues, it should help resolve conflicts between the modern demands of work and family life by providing for reasonable hours of work, vacation time, and leaves for family purposes.

The need for lifelong learning for all workers should also be part of a modern Canada Labour Code, says Yussuff, recognizing the need to constantly upgrade or acquire new skills to remain employable. New provisions for job training and educational leaves would be welcome news in a country facing a serious shortage of skilled workers.

However, Yussuff is concerned that recommendations to bring Canada's labour laws into the 21st century may encounter opposition from employers.

"We need to know the government will welcome progressive recommendations and actually change the law, otherwise we're just wasting our time here. Times have changed and the law needs to keep up with those times in order to protect workers' rights so they can get on with doing their jobs, supporting their families and building their own lives," Yussuff concludes.