By Whose Standards? Reregulating the Canadian Labour Market

Taking the breakdown of the standard employment relationship (SER), which has been the lynchpin of labour market regulation in Canada since the Second World War, and the feminization of employment as its starting points, this article examines policy options for reregulating the Canadian labour market. It is divided into three parts. The first identifies the core challenge as developing a new norm of employment (based on a new gender contract) and new forms of labour regulation that reduce, rather than heighten, polarization and contribute to, instead of undermining, social solidarity and productivity. The second part proposes principles for reregulating the employment relationship that are attentive to this objective and addresses three key policy issues: the legal norm of employment, the basis for distributing entitlements and collective representation. The third part emphasizes the significance of the gender contract for understanding the role and limitations of labour law, legislation and policy and argues that gender equity must be a fundamental principle in policy design. The article concludes by acknowledging the political challenges that must be confronted before Canadian labour markets can be effectively regulated.