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Kevin Banks
Assistant Professor B.A. (Toronto), LL.B. (Toronto), S.J.D. (Harvard)
Faculty of Law Queen's University Kingston, Ontario K7L 3N6 Tel: 613-533-6000, ext 79244 fax: 613-533-6509 e-mail: banksk@queensu.ca
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Teaching Subjects
- Labour Law
- International Labour Law
- Property Law
Recent Professional Achievements
- Director, Centre for Law in the Contemporary Workplace, Faculty of Law, Queen's University
- Articles editor, Canadian Labour and Employment Law Journal.
- Member, Advisory Committee on Private Commercial Disputes to the North American Free Trade Commission.
- “Arbitration as Access to Justice: an Update on the Profile of Arbitration Cases in Ontario” invited presentation to the 2011 Industrial Relations Conference of the Canadian Industrial Relations Board, Ottawa, June 16, 2011
- “Facade or Formation: Reflections on the As Yet Unfulfilled Role of International Law in Canada's New Labour Law Constitutionalism”, presented at a workshop on the Implications of Fraser v. Ontario hosted by the Queen's Centre for Law in the Contemporary Workplace, June 13, 2011
- “Two Employment Law Issues Emerging on the National Scene” invited presentation to Continuing Legal Education British Columbia, Vancouver, May 12, 2011
- “The New Labour Law Constitutionalism”, invited presentation to the Annual Meeting of the Canada-U.S. Law Institute, Case Western Reserve University, Cleveland Ohio, April 4, 2009.
- Invited presenter on the impact of the Supreme Court of Canada's British Columbia Health Services decision to a roundtable of federal, provincial and territorial government, business and labour representatives on the Canadian Charter of Rights and the Right to Collective Bargaining, at the Department of Human Resources Social Development, February 27, 2008.
- Opening keynote presenter - “Global Strategies: Improving the Labour Conditions of the Working Poor” - to the Invitational Working Meeting of the McGill Institute for Health and Social Policy, November 15, 2007, Montreal, Quebec.
- Invited presenter on federal-provincial relations in the field of labour relations to a tri-national meeting of representatives of Argentina, Brazil and Canada, November 9, 2007, Buenos Aires, Argentina
- From 2001 to 2007 held senior positions in the Federal Public Service:
- Director General, Labour Policy and Workplace Information
- Director of Research with the Federal Labour Standards Review Commission (responsible for research and analysis on behalf of Commissioner Harry Arthurs in the first comprehensive review of labour standards in the federal sector since 1965); and
- Director, Inter-American Labour Co-operation (responsible for the office that negotiates and implements Canada’s trade-related labour agreements in the Americas, and for managing Canada’s participation in Inter-American Conference of Ministers of Labour)
- Doctoral Fellow, Social Science and Humanities Research Council, 2000-2002
Current Research
- examination of the timeliness of labour arbitration processes in Ontario
- examination of whether accommodations required by persons with disabilities for integration into the labour force fall within the duty to accommodate under human rights law
- “Facade or Formation: Reflections on the As Yet Unfulfilled Role of International Law in Canada's New Labour Law Constitutionalism” forthcoming 2011
- Trade and Labour, Now and Then – Economic Interests Linking Trade and Labour Standards Today and at the Birth of the Multilateral Trading System
Recent Publications
- “Trade, Labor and International Governance, an Inquiry into the Potential Effectiveness of the New International Labor Law”, forthcoming in 32 Berkeley Journal of Employment and Labor Law (2011) (110 pages)
- “Progress and Paradox: The Remarkable Yet Limited Advance of Employer Good Faith Duties in Canadian Common Law” 32 Comparative Labour Law and Policy Journal (2011) (45 pages)
- “Labour Law in the New Economy”, Chapter 14 of Labour and Employment Law: Cases, Materials and Commentary (8th edition),(Toronto: Irwin Law, 2011)
- “The New Labor Law Constitutionalism”, in Emerging Issues in North American Trade – Labor Law, 34 Canada-U.S. Law Journal 321 (2010)
- “The Impact of Globalization on Labour Standards”, in J. Craig and M. Lynk eds. Globalization and the Future of Labour Law (Cambridge University Press, 2006)
- “Globalization and Labour Standards – A Second Look at the Evidence” 29 Queen's Law Journal 533 (2004)
- The Rights of Non-Standard Workers - A North American Guide (Commission for Labor Cooperation, 2003)
- Protection of Migrant Agricultural Workers in Canada, Mexico and the United States (Commission for Labor Cooperation, 2003) (with T. Brooks)
- “Civil Society and the North American Agreement on Labour Cooperation”, in John Kirton and Virginia MacLaren eds., Linking Trade, Environment and Social Cohesion (Ashgate, 2002)
- North American Labor Relations Law - A Comparative Guide to the Labor Relations Laws of Canada, Mexico and the United States (Commission for Labor Cooperation, 2003) (with L. Compa, L. Lara, and S. Polaski)
- NAFTA's Article 1110 – Can Regulation be Expropriation?” in 4 NAFTA: Journal of Law and Business in the Americas 499 (1999)