Quebec Movements Face Election Challenge

by Johan Boyden, Montreal

The community of Trois Pistoles along the northern banks of the St. Lawrence river is known for its picturesque beauty and historic links to Basque whalers, who travelled there hundreds of years ago from Spain. Now it has become a symbol of the pre‑election polarization and fear‑mongering going on in Québec.

A student protester in Quebec

An ecological festival in the town, put on by community activists including some who have been fighting high‑risk shale gas development in the region, wanted to invite student leaders to speak at their event.

A storm of controversy erupted. Mayor Jean‑Pierre Rioux met with organizers and threatened to withdraw all funding. “Around here, people think that [student leader] Gabriel Nadeau‑Dubois is […] like Maurice `Mom’ Boucher” one festival organizer said.

Mom Boucher is, of course, the convicted rapist, drug dealer and murderer who leads the Montreal Hells Angels. Continue reading

Why Canadians Should Support Six Nations Land Rights

Community Friends for Peace and Understanding with Six Nations

This is the text of a leaflet that was developed by the Community Friends group in Caledonia, Ontario and distributed with the support of members of CUPE 3903

Members of the Six Nations welcome solidarity demonstrators to Kanonhstaton

1. BECAUSE THEIR CLAIM IS JUST AND RIGHT. 

Canada has a long and shameful history of mistreating First Nations peoples. Canada has broken treaty after treaty and has refused to fulfill its obligations to First Nation peoples, the Six Nations people included. Despite the fact that the Six Nations people have always been (and remain to this day) a national Confederation with whom the British crown entered into nation to nation agreements, the Canadian government imposed its own “Indian Act” by force upon them and encouraged the illegal sale and theft of land and revenue belonging to Six Nations. Continue reading

Ontario Should Change Farm Worker Laws: International Labour Organization

Organization concurs with human rights complaint, calls on province to change

Canadian Labour Reporter

The UN agency responsible for formulating international labour standards, including labour rights, agrees with a Canadian union that Ontario’s farm worker legislation should be amended.

The International Labour Organization (ILO) concluded on March 28 that Ontario’s Agricultural Employees Protection Act (AEPA), “is insufficient to ensure the collective bargaining rights of agricultural workers under the principles of freedom of association.”

The ILO ruling is the result of a 2009 complaint filed by the United Food and Commercial Workers (UFCW) union of Canada that the AEPA violated human and labour rights of Ontario agriculture workers under ILO Convention 87 – Freedom of association and protection of the right to organize (1948); and ILO Convention 98 – The right to organize and bargaining collectively (1949).

“The ILO’s conclusion is consistent with our position that the AEPA provides no teeth for Ontario farm workers to exercise their fundamental workplace right to meaningful representation,” says UFCW Canada president Wayne Hanley. “Unless the AEPA is amended, agriculture workers in Ontario will continue to be some of the most vulnerable and exploited workers in the province, and excluded from the rights and protections that other workers in the province have the freedom to exercise.”

Under the AEPA — brought in by the Mike Harris/Ernie Eves government in 2002 — agricultural employees can join or form associations but are prohibited from joining unions. They can make representations to their employer, but the employer is not obliged to act.

In 2008, in the wake of the UFCW’s challenge based on the Canadian Charter of Rights and Freedoms, the Ontario Court of Appeal ruled the AEPA violated the freedom of association rights of Ontario farm workers under Section 2(d) of the Charter.

In April 2011, however, the Supreme Court of Canada reversed the appeal ruling in the Fraser decision. The AEPA provided freedom of association — given the assumption the employer would act “in good faith,” the court said.

But according to the ILO’s most recent decision, “good faith” might not cut it:

“Collective bargaining implies an ongoing engagement in a give-and-take process, recognizing the voluntary nature of collective bargaining and the autonomy of the parties. In the Committee’s view, the duty to consider employee representations in good faith, which merely obliges employers to give a reasonable opportunity for representations and listen or read them — even if done in good faith, does not guarantee such a process,” the ruling reads. “The Committee therefore concludes that the AEPA would need to be amended to ensure respect of these principles.”

Only the federal government has the authority to ratify ILO conventions into Canadian law, but the implementation of many conventions falls under federal, provincial and territorial jurisdictions, given the division of powers under the Canadian Constitution. Canada says its long-standing practice with respect to ILO conventions dealing with matters under federal, provincial and territorial jurisdictions has been to ratify ILO conventions only if all jurisdictions consent with ratification and agree to implement the conventions without reservation in their respective jurisdictions.

Unless Ontario farm worker legislation is amended, basic human rights will continue to be violated, the UFCW says.

“As for good faith, the record on the AEPA speaks for itself, as every day farm workers are fired, threatened, or shipped out if they raise a concern about their safety or treatment,” says Hanley. “We agree with the ILO that it is time for the Ontario government to step up to the plate and do the right thing (…) We invite the government to sit down and consult to amend the legislation and right a situation that currently is wrong.”

*note: © Copyright Canadian HR Reporter, Thomson Reuters Canada Limited. All rights reserved. Original article here.