Canadian Lawyer

January 2012

The most widely read magazine for Canadian lawyers

Issue link: https://digital.canadianlawyermag.com/i/51655

Contents of this Issue

Navigation

Page 30 of 51

Thomas, the CTF's federal and Ontario director. "We welcome the cost-cutting the government has carried out so far. We urge them to cut more aggressively." The federal government is using the Air Canada dispute to publicize its desire to make changes to the Canada Labour Code, which is more than 100 years old. "There's something wrong in this case and does that mean there's some- thing wrong in the code?" Raitt said in an interview with the CBC in October. "If we do have a problem and maybe it is a flaw in the system, we should discover it now, and if we need to make changes we can make changes." Harper has made some major moves in the first months of his majority, including scrapping the long-gun reg- istry, eliminating the Canadian Wheat Board, and beginning the process of cutting $4 billion from the country's budget, which is what prompted PIPSC to hold its vote. The labour movement in Canada faces a challenge not only from the government, but also from the new global economy. As the generation of baby boomers leaves the workforce, it is replaced by a younger workforce that views unions as being less impor- tant — having grown up in a country where most labour rights have long been established. According to a paper written by compensation and industrial relations director Karla Thorpe for the Con- ference Board of Canada, organized labour has seen a 1.7-per-cent decline in the past few years, to 29.2 in 2011 from 30.9 per cent of the workforce in 1997. Seventy per cent of the public sector is unionized, while 15.9 per cent of the private sector is — an all-time low, down from about 35 per cent just a decade ago. "Labour's ability to exert pressure on behalf of workers will undoubtedly be impacted by a declin- ing base of members and the resulting loss of union dues," writes Thorpe. "Even though union density is on the wane, organized labour can continue to have a positive impact on government policy — particularly if they focus on issues that have broader public appeal." Thornicroft suggests that unions are here to stay, and will remain especially relevant in the public sector. "In terms of public, unions remain strong and powerful and well funded and I don't see any change there. They will con- tinue to have considerable bargaining leverage. In the private sector, that's a different story. In the private sector unions have no significant bargaining leverage these days." Most of the concerns, according to Thornicroft — safety, health care, and wages, for example — are no longer issues in Canada, so workers in the private sector are now opting to skip unionizing. "For private sector unions the glory days are gone," he says. "They may be back but I don't see it happen- ing any time soon." It would appear Air Canada's flight attendants are dealing with that reality right now. A CONCISE STARTING POINT FOR OCCUPIERS' LIABILITY LITIGATION CAUSE OF ACTION: OCCUPIER'S LIABILITY JANET E. SMITH, B.A., LL.B. Get a succinct overview of occupiers' liability law with this single new resource. Incorporating the latest case law and legislative developments, this primer explains how the principles of Occupiers' Liability Law apply in practice. You'll save time and effort selecting the relevant information you need – including expert commentary and analysis, sample precedents and pleadings, as well as appendices featuring practical checklists, questions for interviews and discovery, and detailed investigation instructions. SUBJECTS COVERED INCLUDE: • Who may be deemed an 'occupier' and what may be considered 'premises' • The elements of an occupiers' liability action • Claims related to those based in occupiers' liability • Vicarious liability • Obligations of adjacent neighbours • Dog owners' liability • Offroad motorized vehicles and snowmobiles • The social host's duty of care to guests and others • Damages • Limitation periods and notice requirements AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 ORDER # 983630-62297 Softcover 225 pages May 2011 978-0-7798-3630-7 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. $75 www.CANADIAN Lawyermag.com JAN UARY 2012 31

Articles in this issue

Links on this page

Archives of this issue

view archives of Canadian Lawyer - January 2012