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19 Fac. L. Rev. 23 (1961)
State Intervention in Labour Relations: Canada and India

handle is hein.journals/utflr19 and id is 31 raw text is: STATE INTERVENTION IN LABOUR RELATIONS: CANADA AND INDIA G. M. ADVANI* INTRODUCTION Canada and India have backgrounds so completely different in an ideo- logical, social and political sense, that it would seem difficult to visualize any similarity between their labour relations policies. However, the British influence is a very important common factor and consequently the superstructure of in- dustrial relations in both countries shows a remarkable degree of similarity. In recent years, however, Canadian policy on labour relations has taken on new direction primarily because of the influence of the United States, and while a small fraction of American labour legislation has been injected in India, there is nevertheless a striking Indianized pattern iri that country. The bond between Canada and the United States has been progressively strengthened by the proximity of the two countries; but India, not having such a neighbour, has for some time now launched its labour relations policy as a great experiment by which it strives to evolve a feasible and acceptable pattern. It is only since independence after 1947 that any noticeable change has been introduced. Thir- teen short and experimental years are certainly not enough to crystallize any nation's policy especially in such an explosive field as labour relations, but in its own way and by its own policy, India is struggling to achieve that standard of codification that has now become an inseparable part of Canadian labour relations. Trade union membership in India in 1955 was about 2,000,000 out of a total labour force of nearly 7,000,000 and a total population of nearly 400,000,000.1 In Canada the figures for the same year show a total union membership of 1,268,207 in January 1955 out of a total non-agricultural paid labour force of 3,761,000 and a total population of about 15,500,000.2 In Canada the division of authority between the Federal Parliament and the Provincial Legislatures with regard to labour relations is based in the first place on the premise that labour relations have an independent constitutional value and are consequently within provincial jurisdiction; and secondly, in so far as they are merely a facet of particular industries and enterprises, their regulation is within the legislative authority of that body which has power to regulate the particular industry or enterprise.3 Regulatory control on a Federal level can be exercised only in respect of activities which are within Federal authority by specific enumeration in the British North America Act such as *Gotam Motiram Advani, B.Sc., LL.B. (Bombay, 1958). Graduate student, Faculty of Law. University of Toronto. 1THE INDIAN LABOUR YEAR BOOK, 1955-1956, p. 147. The above figures represent trade union membership up'to March, 1955. 2Labour Organization in Canada, DEPT. oF LABOUR ANNUAL REPORT 7 (Ottawa, 1955). 3LAsKIN, CANADIAN CONSTITUTIONAL LAW 428 (2nd ed. 1960).

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