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The Origins of Workmen's Compensation in British Columbia: State Theory and Law

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The Origins of Workmen's Compensation in British Columbia: State Theory and Law THE ORIGINS OF WORKMEN'S COMPENSATION IN BRITISH COLUMBIA: STATE THEORY AND LAW Ian Ton1 C'oneyheer B.A , Sinion Fraser l~niversity,19S6 THESIS SliBLIIrI'TED IN PARTIAL FI'LFILLXIENT OF THE KEQlrIREAIEDjTS FOR THE DECREE OF hIXSTER OF ARTS in the School of APPRO'VAL Nanie: Ian Coneybeer Degree: hlaster of Arts (Criminology) Title of thesis: The Origins of LVorkrnen's Compensation In Brilish C!olumbia: Stak Theory and Law Examining Commit tee: Chairperson: John Lowman, P11.D Brian E. Burtch. Ph.D. Assistant Professor Senior S)lpervisor Charles Singer, Ph.D. Lecturer ---- - Paul Petrie. Director, Labour Program External Examiner Department of Continuing Studies Simon Fraser LTniversity Date Approved: November 30, 1990 PA4TIAL COPVZIGHT LICENSE I b,ereky grant to Sinan Frsser UniversiTy tkae right to ler,c my thes~s,pro-!ect or extendea essay !*he title of wk,ich is shcun below) to users of The Simon Fraszr Yniversity Likrary, and to make partial or single co?ies only for sucn bcsrs or in response to a reqbest from the library of any cther university, or other educational institution, on its own behalf or for one of its users. I further agree that perm;ssii: for mult-iple copying of this wCr% for scholarly purposes nay be granted by me or the Sean cf Graduat~S?-ddies. 17 is understood iP,zt copying or publication of ?his work fer financial gain shall not Se allowed without ny written permission. Tirle C? TC.esi5/~-p6~$7:jc4$#f~?~/~f~/y1 The Origins of Workmen's Compensation in British Columbia: State Theory and Law Ian Coneybeer November 30. 1990 ABSTRACT This thesis examines the origins of a specific aspect of the welfare State: the implementation of workmen's compensation in the province of British Columbia during the period 1891 - 1916. The thesis examines the social, political, economic and ideological antecedents to the Pineo Select Committee (1915), struck to investigate compensation schemes in nine jurisdictions, and to make recommendations for a British Columbia scheme. The work of the Committee was reflected in the Workmen's Compensation Act (1916). Central to an understanding of the passage of this legislation are the reasons for, and nature of, State intewention into an economy that, prior to the 1890's, was essentially laissez-faire. Primary and secondary data sources are utilized to facilitate the research. Emphasis is placed upon an examination of archival sources, such as the Journ;rls of the British Co1umbi;r Legisldtive Assembly and relevant Sessiondl Pdpers of the British Columhi~Legislature. The findings of the thesis cast doubt upon popular explanations of the rise of workmen's compensation. Transitional political, economic, and social conditions created new forms of human dependency that were not dddressed by the existing social network. Royal Commissions and Select Committees were established to investigate and defuse crises and, in the Crdmscian sense, to manufacture consent. The Pineo Committee addressed burgeoning crises of order-maintenance and legitimation that threatened the continued production and reproduction of capital. The eventual solution, as in many other jurisdictions, incorporated the recluirernents of a capitalist economy within framework that recognized the political and industrial struggles of an organized working class. The Committee operated at 'arms-length' from the State, and was generally seen as legitimate, authoritative and independent by the various interest groups. Workmen's compensation can be viewed as an instance of intervention by a relatively autonomous State into the labour reproduction process. Workmen's compensation aided order-maintenance, legitimation and reproduction of the capitalist system of social relations, with little real cost to capital. Moreover, the institution of workmen's compensation was successful in shifting investigations of injury and death in the workplace from a legal forum to a welfare State mechanism-the administrative tribunal-that dealt with the crisis through a system of State regulation and mediation. One retired Crowsnest miner recalls that when there was an accident in the mines the rnanagetnent first asked about the horses. "They never asked how the goddamn men was. It took time to train a horse. You COLI~~replace a man anytime them days" (Reasons, et al, 1981: 18). It is true that labour produces for the rich wonderful things - but for the worker, it produces privation. It produces palace5 - but for the worker, hovels. It produces beauty - but for the worker deformity... (Marx, K. [1964: pgs. 105)-101 The Economic dnd Philosophic Manuscripts of 1844). Workers build automobiles dnd ride in streetcars. They build mansions in Shaughnessy Heights and live in shacks in the outskirts. They want to know if this is right (F.W. Welsh, Secretary of the Metal Trades Council; Victorid D~ilyColonist, May 2, 1919: 2). ACKNOWLEDGEMENTS I am indebted to many individuals and organizations, whom I would like to thank. First, to my senior supervisor, Dr. Brian Burtch, who recognized my flagging interest in traditional street crime at the undergraduate level, and introduced me to critical criminology, and the sociology of law. Second, to Dr. Rob Cordon, who instructed me on the application of various theoretical trajectories to Corporate Crime generally, and violence in the workplace specifically. Third, to Dr. Charles Singer, for the support and assistance he provided. I would like to thank Colin Campbell, for his encouragement and scholarly guidance over the past four years. Invaluable assistance was also rendered by individuals at various institutions and agencies. I am indebted to: Dr. Andrew Yarmie, Cariboo College, Kamloops; Brian Phillips and Emily Sheldon, Simon Fraser University (SFU) Library (reference division); Mary Luebbe at the University of British Columbia (UBC) library (government documents); Barbara Nield (head librarian) and Ramona Wolfe (claims adjudication) dt the Workers' Compensation Board, Richmond, B.C. In Victoria, the following people greatly aided my research: Cordon Yusko (special projects) and Judy Bennett (government documents) at the Legislative Library, Victoria, B.C.; John Bovey (provincial archivist), Brian Young (supervisor of reference services), and Allan Specht (sound and moving images) at the Provincial Archives, Victoria, B.C. Finally, I dedicate this research to the memory of British Columbia workers, whose collective struggle and personal sacrifice for a safe workplace inspired me to tell their story. TABLE OF CONTENTS Al)provdl .... Idblc of (:ontt.nts ......................................................................................................................vii Chapter I. IN1RODUCT10N: Capital, Stdte and So(-id1 N'elfdre ............... ..... .. .................... 1 1-c.rminology: (:qitalism, Stdte, L%'orkmen's <:ornl)ensdtion 3 Rrvicw of Relevant rlirory and Rtwdr~h .... ............................ 1 1 . - The State: illttvndtive TJ~eor~tlcdI1-ormulations .,,,...... .. ...... ...................................18 I.JWand L.t!gal Itleology .!G Soc:i,~l Welfdre dnd the State: Recent Developments ...................................................20 Chapter- II. RFSFARCt-1 IL1FTHOL)S .. ..............................................................37 Primary and Secondary Sources: heSpecific Methodology ......... 41 Sccontlaty Sources ...........................................................................................47 - The Investigative. Framework 41 vii Data (Lltliering Problems........................................................................................... 50 Ct 1APl tR Ill Tt it ANTECCDFNTS OF WORKMEN'S (:OMPENSt\TION IN HRIl~IStiCOL.IJR.\KIA ........................ ...................................iJ Introduction................................................................................................................. W I'reludt . to a Crisis: Industridl Death dnd (:l,iss Conflict in R.<. .................................... 56 AI~LIOLISLivt>s: The Miners Respond ........................................................................... 58 The 1002 Workmen's Cornl)ensdtion Ac-t ................................................................... 83 The (;dthrxring Stol-m: Revolution Ovtv Reform.......................... ... ............................. Y.5 ~utin the (:old: Rdilrodd [.at)ourtw md I oggers ............... .............................. 107 LJnprrdic.tdt)lt. Costs: The Employers Mobilize .......................................................... 118 Ihe Report of the Royal (:ommission <In L d)o~~r....................................................... 1.3.) . Consiticring the Options: I he St& Responds ................................................... 131 Summary ................... ... ..........................................................................................1-13 viii CI 1API FR I!'. TtiE PINE0 SFLt:CT COMhll 17 f:F: ......................................................................146 Introd~~ction.............................................................................. 146 State 1nsurdnc.e versus (Ids~~alty(:ompdnies .............. .. ......................................... 138 . ... Ind~v~tlualIhabrl~ty ........... .. ........................................................................................161 Medical Aid ................................................................................................................170 Waiting Periods ........................................................................................................
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