Documents found
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3212.More information
This article examines the extent to which the right to liberty, as guaranteed under section 7 of the Canadian Charter of Rights and Freedoms, provides protection to dependant workers, de facto subjected to forms of unfree labour. The analysis is focussed on the live-in requirement, acting as a specific mechanism of liberty deprivation. The authors argue that following a consistent case law tendency of the Supreme Court, the right to liberty of the person does not protect the right to work or the right to employment, but it does not preclude certain provisions of labour rights (the regulation of the relations between workers and employers) from its scope of protection. In this regard, the right to not be submitted to forced labour, to quit a job and an employer, to not live in the house or on the property of the employer and to be paid for all hours worked, notably, could be protected under section 7 of the Charter. The live-in requirement that is de facto imposed upon farm workers and domestic workers could therefore be challenged on the basis of the right to liberty.
Keywords: Droit à la liberté, travail non libre, obligation de résidence, droit du travail, Programme des aides familiales (PAF), Programme des travailleurs agricoles saisonniers (PTAS), Programme des travailleurs étrangers temporaires (PTET), Right to liberty, unfree labour, live-in requirement, right to work, caregiver program (LICP), domestic workers, Seasonal Agricultural Worker Program (SAWP), Temporary Foreign Worker Program (TFWP)
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3213.
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3214.
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3215.
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3218.