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Vulnerable Workers and Precarious Work INTERIM REPORT August 2012 Available online at www.lco-cdo.org Disponible en français ISBN: 978-1-926661-46-9 ABOUT THE LAW COMMISSION OF ONTARIO The Law Commission of Ontario (LCO) was created by an Agreement among the Law Foundation of Ontario, the Ontario Ministry of the Attorney General, Osgoode Hall Law School and the Law Society of Upper Canada, all of whom provide funding for the LCO, and the Law Deans of Ontario’s law schools. It is located at Osgoode Hall Law School, York University. The mandate of the LCO is to recommend law reform measures to enhance the legal system’s relevance, effectiveness and accessibility; improve the administration of justice through the clarification and simplification of the law; consider the use of technology to enhance access to justice; stimulate critical legal debate; and support scholarly research. The LCO is independent of government and selects projects that are of interest to and reflective of the diverse communities in Ontario. It has committed to engage in multi-disciplinary research and analysis and make holistic recommendations as well as to collaborate with other bodies and consult with affected groups and the public more generally. Law Commission of Ontario Final Reports The Law as It Affects Older Adults (April 2012) Modernization of the Provincial Offences Act (August 2011) Joint and Several Liability Under the Ontario Business Corporations Act (February 2011) Division of Pensions Upon Marriage Breakdown (December 2008) Fees for Cashing Government Cheques (November 2008) DISCLAIMER The opinions or points of view expressed in our research, findings and recommendations do not necessarily represent the views of our funders and supporters named above. Law Commission of Ontario Tel: (416) 650-8406 2032 Ignat Kaneff Building, Fax: (416) 650-8418 Osgoode Hall Law School, York University General E-mail: [email protected] 4700 Keele Street www.lco-cdo.org Toronto, Ontario, Canada M3J 1P3 Law Commission of Ontario i August 2012 The following individuals contributed to this project: LCO Staff Norine Nathanson, Ministry of the Attorney General, Counsel-in-Residence (Head of Project) Mohan Sharma, Ministry of the Attorney General, Counsel-in-Residence (Head of Project to August 2011) Sue Gratton (Research Lawyer) Rovena Hajdëri (Research Lawyer to May 2009) Adrian Smith (Contract Researcher) Student Researchers Geetika Bagga (Osgoode Hall Law School) Michael Da Silva (University of Toronto Faculty of Law) Andrea Dias (Osgoode Hall Law School) Samantha Foster (Osgoode Hall Law School) Zohra Hasham (Osgoode Hall Law School) Nathalie Kalina (Osgoode Hall Law School) Leanne Melnyk (University of Western Ontario Faculty of Law) Sahra Panjwani (Osgoode Hall Law School) Members of the Project Advisory Group Erika Gates-Gasse, Ontario Council of Agencies Serving Immigrants Mary Gellatly, Parkdale Community Legal Clinic Sean Kennedy, Ontario Bar Association Deena Ladd, Workers' Action Centre Ken Linington, Labour Issues Coordinating Committee/Flowers Canada (Ontario) Katherine Lippel, University of Ottawa Mary-Ellen McIntyre, Centre for Spanish Speaking Peoples Elizabeth McIsaac, Toronto Region Immigrant Employment Council Naveen Mehta, United Food and Commercial Workers Canada (UFCW) Eric Tucker, Osgoode Hall Law School Benita Swarbrick, Ministry of Labour Leah Vosko, York University Mark Wales, Ontario Federation of Agriculture Armine Yalnizyan, Canadian Centre for Policy Alternatives Vulnerable Workers and Precarious Work: Interim Report ii August 2012 Members of the Board of Governors during this Project Larry Banack, Chair of the Board of Governors, Member-at-Large (from July 2009) Mark L. Berlin, Member-at-large (from January 2012) Gwen Boniface, Law Foundation of Ontario (from September 2011) Christopher D. Bredt, Law Society of Upper Canada (from March 2008) Nathalie Des Rosiers, Member-at-large (from November 2009) Adam Dodek, Law Deans (from July 2011) Bruce P. Elman, Member-at-large (from May 2012) William Flanagan, Law Deans (January 2009-October 2009) Stephen Goudge, Judiciary (from September 2009) Neena Gupta, Member-at-large (from September 2007-January 2012) Marie Henein, Member-at-large (July 2007-May 2009) Ian Holloway, Law Deans (November 2009-October 2011) Frank Iacobucci, Law Foundation of Ontario (January 2007-December 2011) Russell Juriansz, Judiciary (July 2008-September 2009) Mark Leach, Ministry of the Attorney General (from June 2012) Yves Le Bouthillier, Law Deans (January 2007-December 2008) Jinyan Li, Osgoode Hall Law School (July 2009-May 2010) James MacPherson, Judiciary (January 2007-June 2008) Patrick Monahan, Chair of the Board of Governors and Osgoode Hall (from January 2007- June 2009) Maria Paez Victor, Member-at-large (from January 2012) Andrew Pinto, Member-at-large (from July 2012) Murray Segal, Ministry of the Attorney General (from January 2007-June 2012) Lorne Sossin, Osgoode Hall Law School (from June 2010) Patricia Hughes, ex officio and Executive Director of the LCO Members of the Research Advisory Board Patricia Hughes, Law Commission of Ontario, Chair (July 2007-December 2011) Jeffrey B. Berryman, University of Windsor, Faculty of Law (July 2007-December 2011) Jamie Cameron, Osgoode Hall Law School (July 2007-June 2009) Brenda Cossman, University of Toronto, Faculty of Law (July 2007-October 2008) Tony Duggan, University of Toronto, Faculty of Law (October 2008-September 2011) Markus Gehring, University of Ottawa, Faculty of Civil Law (from June 2009-December 2011) Sébastien Grammond, University of Ottawa, Faculty of Civil Law (July 2007-June 2009) Kai Hildebrandt, University of Windsor, Department of Communication Studies (March 2008-June 2011) Law Commission of Ontario iii August 2012 Berend Hovius, University of Western Ontario, Faculty of Law (June 2008-December 2011) Lesley Jacobs, York University, Faculty of Liberal Arts & Professional Studies (from October 2008-December 2011 ) Erik Knutsen, Queen’s University, Faculty of Law (July 2007-December 2011) James Leal, Law Society of Upper Canada (July 2007-December 2011) Roxanne Mykitiuk, Osgoode Hall Law School (from June 2009-December 2011) Mark Perry, University of Western Ontario, Faculty of Law (July 2007-June 2008) Anne Marie Predko, Ministry of the Attorney General (July 2007-December 2011) Carol Rogerson, University of Toronto, Faculty of Law (from September 2011-December 2011) Anthony Vanduzer, University of Ottawa, Faculty of Common Law (November 2007-December 2011) Janice Vauthier, Representative of the private bar (March 2008-April 2010) Vulnerable Workers and Precarious Work: Interim Report iv August 2012 TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................... 1 I. INTRODUCTION ....................................................................................................................... 7 II. IDENTIFYING VULNERABLE WORKERS AND PRECARIOUS WORK ........................................... 9 A. The Rise of Precarious Work ................................................................................................ 9 B. The Economic Backdrop ..................................................................................................... 11 C. What Does Precarious Work Look Like? ............................................................................ 13 D. Identifying Vulnerable Workers ......................................................................................... 18 1. Women and Single Parents ........................................................................................... 18 2. Racialized Persons ......................................................................................................... 19 3. Newcomers to Canada and Established Immigrants ..................................................... 19 4. Temporary Migrant Workers ......................................................................................... 21 5. Persons with Disabilities ................................................................................................ 24 6. Youth .............................................................................................................................. 24 7. Non-Status Workers ...................................................................................................... 25 E. The Negative Effects of Precarious Work on Vulnerable Workers .................................... 25 1. Physical and Mental Health ........................................................................................... 25 2. Family and Community Relationships ........................................................................... 27 3. Training and Education .................................................................................................. 28 4. Aging .............................................................................................................................. 28 5. Intergenerational Costs ................................................................................................. 29 F. Contemporary Debate about Precarious Work ................................................................. 29 1. Law Commission of Canada Review .............................................................................. 29 2. The Arthurs Report .......................................................................................................
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