Queen's Law

Faculty of Law
Faculty of Law

Kevin BanksKevin Banks

Associate 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

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.
  • Appointed by the United States of America and the Republic of Guatemala to chair an international arbitral panel in a case of alleged non-compliance with labour provisions of an international trade agreement between the parties
  • Member, Advisory Committee on Private Commercial Disputes to the North American Free Trade Commission.
  • 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)

Current Research

  • Factors influencing the timeliness of labour arbitration in Ontario
  • Changing adjudication functions of labour relations boards in Canada
  • Purposive interpretation of freedom of association at work under Section 2(d) of the Charter of Rights and Freedoms
  • Factors influencing the likelihood of accommodation of disabled workers in Canada, and appropriate policy responses
  • Economic arguments for international labour law, in contemporary and historical perspective

Recent Publications

  • K. Banks R. Nunin and A.Topo “The Lasting Influence of Legal Origins: Workplace Discrimination and Social Inclusion in Canada, the United States and the European Union”, forthcoming in “Handbook of Comparative Labour and Employment Law” (Elgar, 2013 or 2014)
  • K. Banks, R. Chaykowski, and G. Slotsve “Disability Accommodation in Employment: How Does an Aging Population Matter and What Does it Mean for Law and Policy?”, forthcoming in the Canadian Labour and Employment Law Journal, summer 2013
  • K. Banks, “Must Canada Change its Labour and Employment Laws to Compete with the United States?”, 38 Queen’s Law Journal 419-460 (2013)
  • K. Banks and Elizabeth Shilton, “Corporate Commitments to Freedom of Association: Is There a Role for Enforcement Under Canadian Law?” 33 Comparative Labor Law and Policy Journal 495 (2012)
  • K. Banks, “The Role and Promise of International Law in Canada's New Labour Law Constitutionalism”, 16 Canadian Labour and Employment Law Journal 233 (2012)
  • K. Banks, “Trade, Labor and International Governance: An Inquiry into the Potential Effectiveness of the New International Labor Law”  32 Berkeley Journal of Employment and Labor Law 45-144 (2011).
  • K. Banks,  “Progress and Paradox: The Remarkable Yet Limited Advance of Employer Good Faith Duties in Canadian Common Law”, 32 Comparative Labour Law and Policy Journal 547-592 (2011).
  • K. Banks, “Labour Law in the New Economy”, Chapter 14 of Labour and Employment Law: Cases, Materials and Commentary (8th edition) (2011)