(Additional sources are identified in the Background Paper)


[1]  Sources for the issue of the changing nature of work include the following: Economic Council of Canada, Good Jobs, Bad Jobs: Employment in the Service Economy (Ottawa: 1990); Ron Saunders, Making Work Pay: Findings and Recommendations from CPRN’s Vulnerable Workers Series, Research Highlights, Number 6 (May 2006); Law Commission of Canada, Is Work Working?: Work Laws That Do A Better Job: Discussion Paper (Ottawa: Law Commission of Canada, 2004); Kerry Rittich, Vulnerable Workers: Legal and Policy Issues in the New Economy (Ottawa: Law Commission of Canada, 2004); Judy Fudge, Eric Tucker & Leah Vosko, The Legal Concept of Employment: Marginalizing Workers (Ottawa: Law Commission of Canada, 2002); J. Bernier, G. Vallée & C. Jobin, Social Protection Needs of Individuals in Non-Standard Work Situations, Synopsis of Final Report (Quebec, Ministry of Labour, 2003); Leah Vosko ed., Precarious Employment: Understanding Labour Market Insecurity in Canada (Montreal & Kingston: McGill-Queen’s, 2006); Judy Fudge, “Beyond Vulnerable Workers: Towards a New Standard Employment Relationship” (2005) 12:2 Canadian Labour & Employment Law Journal 151, 159.

[2]  Dunmore v. Ontario (Attorney General), 2001 SCC 94, [2001] 3 S.C.R. 1016 [Dunmore]; the Ministry of Labour uses the term to refer to young workers entering the employment market for the first time, particularly in the context of training, and workers who have greater health and safety risks.

[3]  For a statistical breakdown, see Vosko, note 1, 23, table 1.2. Also see Marcia Almey, Women in Canada: Work Chapter Updates (Statistics Canada, 2006), online: http://www.statcan.gc.ca/pub/89f0133x/89f0133x2006000-eng.htm#8. According to Almey, “[W]omen have accounted for about seven in 10 of all part-time employees since the late 1970s.”

[4]  On this issue, see Cynthia Cranford, Judy Fudge, Eric Tucker and Leah Vosko, Self-Employed Workers Organize: Law, Policy, and Unions (Montreal & Kingston: McGill-Queen’s, 2005); OECD, Partial Renaissance of Self-Employment, OECD Employment Outlook, 2000, online: http://www.oecd.org/dataoecd/10/44/2079593.pdf; Immigrant Women’s Center, “Women and Self Employment”, online: http://www.stjosephwomen.on.ca/index.php?page=self. Almey, note 3.

[5] See Sylvia Fuller and Leah F. Vosko, “Temporary Employment and Social Inequality in Canada: Exploring Intersections of Gender, Race and Immigration Status” (2008) 88:1 Social Indicators Research 31; Laurie Monsebraaten, “Fighting for dignity on the job” The Toronto Star (11 July 2009), online: http://www.thestar.com/article/664487.

[6]  Workers’ Action Centre, Working on the Edge (Toronto: Workers Action Centre, 2007) 18.

[7]  See, for example, Vic Satzewich, Racism and the Incorporation of Foreign Labour: Farm Labour Migration to Canada Since 1945 (New York: Routledge, 1991); Irving Andre, “The Genesis and Persistence of the Commonwealth Caribbean Seasonal Agricultural Workers Program in Canada” (1990) 28 Osgoode Hall Law Journal 244; Tanya Basok, Tortillas and Tomatoes: Transmigrant Mexican Harvesters (Montreal & Kingston: McGill-Queen’s University Press, 2002); Kerry Preibisch, “Foreign Workers in Canadian Agriculture: Not an All-Male Cast” FocalPoint (May-June 2007) 8; Ellen Wall, “Personal Labour Relations and Ethnicity in Ontario Agriculture,” in V. Satzewich ed., Deconstructing the Nation: Immigration, Multiculturalism and Racism in 90s Canada (Toronto: Garamond, 1992) 261.

[8]  For information, see Backgrounder, Improvements to the Temporary Foreign Worker Program: Temporary Foreign Worker Program – Federal Roles, online: Citizienship and Immigration Canada, http://www.cic.gc.ca/english/department/media/backgrounders/2010/2010-08-18.asp#tphp%20idtphp.

[9]  See, for example, Maria Deanna P. Santos, Human Rights and Migrant Domestic Work (The Netherlands: Martinus Nijhoff, 2005); Daiva K. Stasiulis and Abigail B. Bakan, Negotiating Citizenship: Migrant Women in Canada and the Global System (Toronto: University of Toronto, 2005); Agnes Calliste, “Canada’s Immigration Policy and Domestics From the Caribbean: The Second Domestic Scheme” in Jesse Vorst et al. eds., Race, Class, Gender: Bonds and Barriers, 2nd Rev. Ed., (Canada: Between the Lines, 1991) 136. There have recently been changes to the requirements live-in caregivers must meet to apply for permanent residence status: see the Citizenship and Immigration Canada website: http://www.cic.gc.ca/english/work/caregiver/index.asp. The live-in caregiver program’s permanent residence/citizenship track has been called “good practice” by the ILO in its report on a rights-based approach to labour migration: United Nations, International Migration Report 2006: A Global Assessment (New York: UN, 2009), online: http://www.un.org/esa/population/publications/2006_MigrationRep/report.htm. note 9, 93.

[10]  This increasingly common employment relationship has been called “the boundaryless workplace”: Katherine Stone, “The New Psychological Contract: Implications of the Changing Workplace for Labour and Employment Law” (2001) 48 UCLA Law Review 519. Also see Judy Fudge, “The New Workplace: Surveying the Landscape” (2009) 33 Manitoba L.J. 131.

[11]  On the measurements of precarious work, see Jamie Baxter, “Federal-Provincial Gaps Affecting Precarious Workers in Ontario” (December 2009) (on file with the LCO); Cynthia J. Cranford and Leah Vosko, “Conceptualizing Precarious Employment: Mapping Wage Work Across Social Location and Occupational Context” in Vosko, note 1, 49.

[12]  The dimensions of social location should be regarded not as independent or compounding, and not in isolation, but rather in intersecting relationship to each other. (For a rationale for this, see Sylvia Fuller and Employment Law” (2001) 48 UCLA Law Review 519. Also see Judy Fudge, “The New Workplace: Surveying the Landscape” (2009) 33 Manitoba Law Journal 131. Leah F. Vosko, “Temporary Employment and Social Inequality in Canada: Exploring Intersections of Gender, Race and Immigration Status” (2008) 88:1 Social Indicators Research 31, 48. For other sources on social location, see Sylvia Fuller, “Temporary Employment and Social Inequality in Canada: Exploring Intersections of Gender, Race, and Migration” (2008) 88:1 Social Indicators Research 31, 34; Law Commission of Canada, note 1.

[13] The relationship between precarious employment and older adults is an area of particular concern considering the aging Canadian population. The next 20 years are expected to result in a significant demographic shift where the number of Canadians over the age of 65 is expected to almost double from 13.2 per cent to 24.5 per cent: Martin Turcote and Grant Schellenberg, Portrait of Seniors in Canada (Ottawa: Statistics Canada, 2006), online: http://www.statcan.gc.ca/pub/89-519-x/89-519-x2006001-eng.pdf. For programs relating to older adults, see Human Resources and Skills Development Canada, “Targeted Initiatives for Older Workers”, online: http://www.rhdcc-hrsdc.gc.ca/eng/cs/sp/hrsd/eppd/tiow.shtml. The program is cost-shared with the provinces and territories. Ontario is a participant with programs targeting workers between 55 and 64 who live in areas “hard hit by the recession”, specifically communities “with high unemployment, largely dependent on a single employer or industry and [with] a population of 250,000 or less”: Ministry of Training, Colleges and Universities, “The Targeted Initiative for Older Workers”, online: http://www.edu.gov.on.ca/eng/tcu/employmentontario/olderworkers.html.

[14]  Specifically on employment disadvantages for persons with disabilities, see, for example, Gail Fawcett, Bringing Down the Barriers: The Labour Market and Women with Disabilities In Ontario (Ottawa: Canadian Council on Social Development, 2000); The Roeher Institute, Labour Force Participation and Persons with Disabilities Who Are Severely Disadvantaged in the Ontario Labour Market: Background Papers for the Working Group on Employment Equity and Persons with Severe Disabilities (North York, Ont.: The Roeher Institute, 1993). For the Ontario government programs relating to persons with disabilities and employment, see Ministry of Community and Social Services, “Don’t Waste Talent”, online: http://www.mcss.gov.on.ca/talent/.

[15]  On the “gendering” of the workplace, see Cranford and Vosko, note 11. In particular, women are more engaged in domestic work performed within the household, ranging from child care to elder care to grocery shopping to other aspects of social reproduction. With respect to unpaid work doing housework, caring for children and caring for seniors, see Statistics Canada, “Time spent doing unpaid work, by sex 2008 Canada”, online: http://www.statcan.gc.ca/pub/11-402-x/2010000/chap/sc/tbl/tbl09-eng.htm This has consequences for health, leisure time and other aspects of life. For example, more women provide informal health care for a long-term condition than do men and women spend less time on social activities, more often cancel holiday plans, spend less time with their spouse, spend less time with children and postpone their education plans. See Statistics Canada, 2007 General Social Care Tables, Table 5-4 (Population of caregivers by selected consequences of providing informal care for a long-term hea