One Law for All?

Weber v Ontario Hydro and Canadian Labour Law, Essays in Memory of Bernie Adell


These essays arise from a symposium in honour of the late Professor Bernard Adell, hosted by the Centre for Law in the Contemporary Workplace at Queen’s University. The symposium marked the twentieth anniversary of Weber v Ontario Hydro, a Supreme Court of Canada decision that radically challenged orthodox understandings of the role of arbitration in Canadian labour law. The authors provide a thought-provoking range of ideas and insights into the labour law problems posed by Weber, invoking themes that reflect Bernie Adell’s lifelong interest in the intersection of theoretical and practical labour law, and in the institutions that shape and enforce that law in Canadian workplaces.

Table of Contents


Chapter 1: One Law for All? An Introduction
by Elizabeth Shilton & Karen Schucher

Chapter 2: Weber, and Almost Everything After, Twenty Years Later: Its Impact on Individual Charter, Common Law, and Statutory Rights Claims
by Brian Etherington

Chapter 3: Weber, the Common Law, and Industrial Self-Government
by Elizabeth Shilton

Chapter 4: Burning Down the (Boat) House: How the Common Law Helps Make Sense of Weber
by Brian Langille

Chapter 5: More Glue than Cracks? Rethinking Weber Gaps and Access to Justice for Unionized Employees
by Karen Schucher

Chapter 6:Statutory Tribunals and the Challenges of Managing Parallel Claims
by Jo-Anne Pickel

Chapter 7: Did Weber Affect the Timeliness of Arbitration?
by Kevin Banks, Richard Chaykowski, & George Slotsve

Chapter 8: Questions, Questions: Has Weber Had an Impact on Unions’ Representational Responsibilities in Workplace Human Rights Disputes?
by Claire Mummé

Chapter 9: Some Unique Features of Weber’s Application in Quebec: The Treatment of Statutory Labour Rights and Human Rights Claims
by Renée-Claude Drouin

Chapter 10: The Crisis in the US Litigation Model of Labour Rights Enforcement
by Alan Hyde

About the Contributors
Table of Cases

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