CIRA/ACRI announces the recipients of its 2021 Canadian Freedom of Association Award
About The Canadian Freedom of Association Award
In 2016, the Canadian Industrial Relations Association / Association canadienne des relations industrielles (CIRA-ACRI) announced a generous donation by McMaster Emeritus Professor Roy J. Adams to provide funds for an annual award to recognize an outstanding contribution to promoting understanding of and compliance with international standards regarding the right to organize and bargain collectively, as those standards apply to Canada (https://www.cira-acri.ca/en-awards#foaaward).
Consideration for the award shall include but not be limited to efforts or initiatives that establish or expand upon the right of all workers to form and join unions of their own choosing without prior authorization; that expand the guarantees for the free functioning of worker and employer organizations without interference by public authorities; and to respect, to promote and to realize in good faith the rights of workers and employers to collective bargaining in accordance with internationally recognized human rights standards and, in particular, those principles and standards developed and promoted by the International Labour Organization.
Previous award winners include: in 2020, Deena Ladd and the Workers’ Action Centre; in 2019, Pierre Verge (accepted posthumously by his son Louis Verge); in 2018, the Honourable Justices Beverley McLachlin and Louis LeBel; and in 2017, Craig Bavis and Larry Kowalchuk.
The Canadian Industrial Relations Association (CIRA) designates an independent nominations committee to consider candidacies and bestow this annual award on its behalf. In 2021, the Nominations Committee is made up of Professors Gregor Murray (School of Industrial Relations, Université de Montréal), Dionne Pohler (Centre for Industrial Relations and Human Resources, University of Toronto) and Gilles Trudeau (Faculty of Law, Université de Montréal).
The 2021 Canadian Freedom of Association Award
On 14 June 2017, Patty Hajdu, Minister of Employment, Workforce Development and Labour, deposited the instrument of ratification of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) . This was especially significant because it marked Canada’s ratification of the International Labour Organization’s (ILO) eight fundamental conventions. The 2021 Canadian Freedom of Association Award is therefore attributed to the individuals and organizations who played a key role in this ratification.
The decision to ratify this convention was a long process involving many individuals, organizations and governments. Given the tripartite nature of the ILO and Canada’s participation in it, we believe that it is especially important to recognize the tripartite contributions to this ratification. Moreover, while there were many individuals involved in the organizational work to make this happen, we believe that it is also important to recognize the individuals who played a particular leadership role in the ratification of this core convention.
The joint winners of the 2021 Canadian Freedom of Association Award are therefore the following persons and organizations who were instrumental in Canada’s 2017 ratification of ILO Convention C98: The Right to Organize and Collective Bargaining Convention, 1949:
Anthony Giles and the International and Intergovernmental Affairs Directorate, Labour Program, Employment and Social Development Canada;
Brian Burkett and the Canadian Employers’ Council;
Hassan Yussuff and the Canadian Labour Congress; and
Larry Brown and the National Union of Public and General Employees.
The tripartite nature of the ILO immediately highlights the importance of the three types of actor most relevant to the world of work and employment: government, employer and union. Of a common accord, the International and Intergovernmental Affairs Directorate did the heavy lifting, strategically and practically, over a decade. Likewise, the Canadian Employers’ Council and the Canadian Labour Congress were essential in this process. It is also necessary to recognize the particular role of the National Union of Public and General Employees, which was far out front in making this ratification a priority question of ongoing concern.
While the recognition of these organizations is essential, the Nominations Committee also wishes to recognize the leadership and inspiration provided by three individuals in this process: Anthony Giles (recently retired Assistant Deputy Minister of the Labour Program), Brian Burkett (counsel for the Canadian Employers’ Council), Hassan Yussuff (retiring president of the Canadian Labour Congress), and Larry Brown (president of the National Union of Public and General Employees). Each of these individuals epitomizes the values of social dialogue and international labour cooperation and has demonstrated a strong belief in the importance of international norms like those formulated in the ILO Conventions and a tangible commitment to pursuing those norms in Canada.
To paraphrase the ILO Director General, Guy Ryder, when Canada ratified C98, in 2017, it was a recognition of Canada’s long-standing commitment to promoting and effectively implementing fundamental rights at work, both domestically and through its international relations. Collective bargaining is important in facilitating adaptation to economic, socio-political and technological change and the growing relevance of its role in the fast-paced changing environment of the world of work. Convention No. 98 is of particular importance amongst ILO member States because it affirms the function of collective bargaining in combating income inequality and promoting the other fundamental principles and rights at work, ensuring social justice and conditions of dignity (https://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/collective-bargaining/WCMS_558488/lang--en/index.htm).
Given that this ratification required considerable effort over a long period of time, the individuals and organizations being jointly presented with this award would also like to acknowledge the important contributions of other individuals throughout this process.
Anthony Giles and the International and Intergovernmental Affairs Directorate, Labour Program, Employment and Social Development Canada wish to acknowledge the important contributions of Anik Blais, Heather Calder, Alex Duff, Keith Lewis, Rakesh Patry, Karla Santos-Pedro and Irene Zhou.
Brian Burkett and the Canadian Employers’ Council wish to highlight the important contributions of Derrick Hynes (FETCO), John Beckett (BC Maritime Employers’ Association), Karolyne Gagnon (Conseil du patronat du Québec) and Sonia Regenbogen (Partner, Mathews Dinsdale & Clark LLP) to the work of the CEC and the Canadian delegation to the ILO.
Hassan Yussuff and the Canadian Labour Congress wish to emphasize the important contributions of Chris Roberts (Director, Social and Economic Policy at the CLC) and the CLC Legal Challenges Coordinating Committee.
Finally, Larry Brown and the National Union of Public and General Employees (NUPGE) wish to highlight the seminal work of James Clancy (retired NUPGE president), Derek Fudge (retired NUPGE director of public policy and development) and Carol Meyer (retired NUPGE managing director).
The 2021 Freedom of Association Award will be announced by the CIRA President, Patrice Jalette, at the annual conference of the Canadian Association of Industrial Relations Association / Association canadienne des relations industrielles (CIRA-ACRI) on May 27, 2021. Then, in September 2021 (date to be determined), CIRA-ACRI will organize a webinar and awards ceremony around the ratification of ILO Convention C98.
Once again, we wish to acknowledge the seminal and substantive contributions of Emeritus Professor Roy Adams for initiating this award and all that it represents.
Gregor Murray, Dionne Pohler and Gilles Trudeau
The CIRA Freedom of Association Award Nominations Committee
For the Canadian Industrial Relations Association (CIRA-ACRI)
27 May 2021