Work on Trial: Canadian Labour Law Struggles

Work on Trial is a collection of studies of eleven major cases and events that have helped to shape the legal landscape of work in Canada. While most of the cases are well-known because of the impact they have had on collective bargaining, individual employment law, or human rights, less is known about the social and political contexts in which the cases arose, the backgrounds and personalities of the judges and the litigants, the legal manoeuvres that were employed, or the ultimate fate of all those who were involved. These studies, written by some of Canada’s leading labour and legal historians, provide this context. Beginning with Toronto Electric Commissioners v. Snider, one of the earliest and most important cases involving the division of powers in the Canadian federation, to the events leading to the articulation of the “Rand Formula” in the immediate post Second World War period, and on to the struggles of women workers in the late 20th century in challenging the continu­ing employment practices based on hegemonic gender-based assumptions, each study tells a compelling story, rich in detail and full of perceptive insights into the complex relationship between law and work.

Judy Fudge is the Lansdowne Chair in Law at the University of Victoria. She has been widely published in law, history, and industrial relations journals, and she has co-authored and co-edited several books.

Eric Tucker, B.A., LL.B., LL.M. is a professor at Osgoode Hall Law School, York University. He has published extensively on the history and current state of labour and employment law.