As you view the timeline consider the legal significance of each of the developments. Also consider the distinct legal perspectives that have emerged.
Following a strike by Toronto Typographical Union the government of John A. MacDonald repeals the law that makes unions illegal and Parliament passes the Trade Unions Act on June 14, 1872, legalizing unions.
The Federal Department of Labour is established in 1900 to help prevent and settle disputes.
After a series of rail strikes, the federal government passed legislation in 1907 that created a conciliation board; a neutral third party, to help resolve disputes called the Industrial Disputes Investigations Act.
In 1914 the Ontario government introduces the Workmen's Compensation Act for those injured at work.
The Winnipeg General Strike in 1919 shuts down the city for 6 weeks over high unemployment, poor working conditions and wages. The strikers make few gains. Many are injured and two are killed on a day that has become known as Bloody Saturday.
1927 saw the introduction of the Old Age Pension Act to provide some financial security in later years.
During the economic depression of 1929-39, young, unemployed men had to work in government work camps for paltry wages in isolated locations.
In pursuit of a living wage, workers in Vancouver abandoned the camps, launching a strike. After striking for two months with no relief in sight, they took their case directly to Ottawa, travelling by rail and on foot. This journey became known as the ‘On to Ottawa trek’. The trek was stopped by the RCMP on orders from Ottawa and after rioting and arrests of union leaders, the strike ended. Mackenzie King’s Liberals won the next election and legislated against the repressive conservative government, abolishing the camps.
This epic strike and trip captured the hearts and minds of Canadians and gave birth to unemployment insurance in 1940. Canada was the last major Western country to adopt an unemployment insurance system.
Today we refer to this system as Employment insurance (EI). Research has shown that EI was the single most important economic stabilizer in the past 3 recessions.
Labour saw some gains during WWII when the government introduced the Unemployment Insurance Act in 1941 and, in 1944, the adoption of some aspects of an American law that made unions fully legal and obligated employers to negotiate with union representatives. This law was called the Wartime Labour Relations Regulations or PC 1003.
“The Rand Formula is a feature of Canadian labour law requiring workers covered by collective bargaining contracts to pay union dues – whether or not those workers are union members. The Formula was a victory for unions struggling for recognition and security after the Second World War, and became a standard part of labour contracts, and union power, in the decades that followed.
The Rand Formula was named for a provision in a labour relations decision handed down on 29 January 1946 by Justice Ivan Rand of the Supreme Court of Canada. Rand was arbitrating the deadlocked and volatile Windsor Strike at Ford Motor Company in Windsor, Ontario, which had lasted from September to December 1945 – one of the country's largest post-war strikes.
Unions had gained influence during the Second World War, particularly at Canadian manufacturing plants, because of wartime labour shortages and the heightened demand for military products. But when the war ended, soldiers came home, and labour was more available.
In this climate, the United Automobile Workers (UAW) union at the Ford plant in Windsor, fought to hold on to and strengthen the power and influence it had achieved. The main issue in the Ford strike was whether the plant should become a closed union shop (requiring all workers to join the union – the UAW's position) or an open shop (making union membership voluntary – Ford's position).”
Following the war in 1948 the government passed a law that established the Canadian Labour Relations Board, a system of collective bargaining in which both parties must negotiate openly and honestly (referred to by the term “in good faith”, and it included a code of unfair practices.
Federal Public Service Staff Relations Act, 1967 is created following a country wide, illegal strike by postal workers. The right to bargain collectively, the right to strike and wages were the key issues. The outcome of the 2 week strike was the extension of these rights to most groups employed in the public sector.
“Did you know that paid maternity leave benefits have only been around since 1971 in Canada? Before that, a new mother had to quit work or return to work quickly if her family depended on her income.
And while the federal government, through the unemployment insurance program, introduced limited 15 weeks of paid maternity leave in 1971 at 66% of a mother's previous salary, it was only a short time later when unions began negotiating longer paid maternity leave with higher levels of benefits for their members that topped up the portion of salary paid by unemployment insurance benefits. And unions also began negotiating guarantees that women could return to the jobs they held before their maternity leave, paternity leave, and leave for parents who adopted children”.
In 1972 the government of Saskatchewan passes an Occupational Health and Safety law that is the first of its kind. It makes health and safety the shared responsibility of employers and employees and sets the stage for future legal developments. It guarantees the right to know about hazards and dangers in the workplace, the right to participate in health and safety issues through a workplace committee and the right to refuse unsafe work. All provinces now have legislation to cover health and safety, employment standards, workers' compensation and human rights.
In 2004 the federal government conducted a review of the Canada Labour Code in an effort to identify and address some of the concerns raised by workers such as diversity of the workforce, the impact of technology, increased globalization. The government published a report called Fairness at Work: Federal Labour Standards for the 21st Century.
In 2007 the Supreme Court of British Columbia ruled that provincial legislation enacted had violated the Charter of Rights and Freedoms. Legislation passed by the provinces and the federal government must be consistent with the rights and freedoms protected by the Charter.