Beyond a Boundary of Systemic Anti-Black Racism in the Workplace in Canada

Abstract

In this lecture, I will, however, focus on one of the legacies of slavery, that is, the largely untold story of racial segregation in the world of work in Canada. We have come so effectively, and rightly, to focus on the effects of discrimination, that we may have inadvertently walked past the history. Reclaiming this history will comprise the first part of my talk. The second part of my talk will reference the emergence of the duty of fair representation. I will seek to illustrate the weight of the erasure of anti-Black racism through this duty. In other words, far from representing a peculiarity of US law that failed to travel well,8 Steele v Louisville & Nashville Railway Co’s9 foundation in racial discrimination needs to be acknowledged and engaged for an inherent tension to be addressed. So third and finally, I will posit the paradox of unresolved “choice” at the heart of the majoritarian frame of the Wagner Act, not to try somehow to resolve it, but by refusing to allow us to all too quickly individualize it, and instead to steer us closer to a related, necessary justification for a proactive commitment that we have already, if incompletely, made— the commitment to embracing the societal transformation entailed by achieving and sustaining substantive equality through employment equit