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Articles by Fay Faraday
"Recruitment" by Fay Faraday
Recruitment Publication Date 7-22-2025 Source Publication Chetail, Vincent, Elgar Concise Encyclopedia of Migration and Asylum Law.
Feminist Equality Rights Litigation: Evolution of the Canadian Legal Landscape
This publication was created as part of LEAF’s Feminist Strategic Litigation (FSL) Project. The FSL Project examines the use and impact of feminist strategic litigation to help LEAF, feminists, and gender equality advocates more effectively combat systemic discrimination and oppression. Recognizing that the legal fight for equality remains a work in progress, this report examines how the landscape of Canadian equality rights litigation has evolved since 1985.
Migrant Women's Rights Project Discussion Paper #1: An Iterative Learning Journey to Deconstruct “Trafficking”
In 2016, the Barbra Schlifer Clinic convened a consortium of organizations, front-line service providers, agencies and researchers who separately work with women and gender diverse people with precarious immigration status who are vulnerable to trafficking. Migrant Women’s Rights Project serves women and gender diverse people whose difficulties intersect with labour migration, experience gender-based violence, and become vulnerable to trafficking.
The Elephant in the Room and Straw Men on Fire
Source Publication Constitutional Forum, vol. 30, no. 2, 2021, p. 15. Abstract A great unacknowledged challenge in litigating systemic discrimination claims under the section 15 equality guarantee of the Canadian Charter of Rights and Freedoms1 is that claimants bear a double burden. Like all litigants, they must meet the burden of proving the elements of their legal claim.
The Empowerment of Migrant Workers in a Precarious Situation
Abstract The experience of transnational migrants working for low pay under exploitative conditions has been well-documented for many years. Yet, a sizeable catalogue of binding international instruments establishes a rights-based framework through which states commit to deliver substantive labour protections to migrant workers.
Intersectional Feminism, Racial Capitalism, and the COVID-19 Pandemic
Source Publication University of New Brunswick Law Journal, vol. 72, 2021, pp. 222–56. Abstract A common narrative during the COVID-19 pandemic correctly observed that lockdowns which stripped public interactions to the bare minimum exposed the economic and social fault lines of Canadian society. Since March 2020, women— particularly racialized women in jobs with low pay—have disproportionately borne the brunt of the pandemic’s negative economic impacts.
Taking a Mulligan: Freedom of Association
Taking a Mulligan: Freedom of Association Document Type Book Chapter Source Publication Kislowicz, Howard, Moon, Richard J. and Froc, Kerri Anne. Canada’s Surprising Constitution: Unexpected Interpretations of the Constitution Act, 1982, Vancouver: University of British Columbia Press, 2024. Repository Citation Faraday, Fay, "Taking a Mulligan: Freedom of Association" (2024). Articles & Book Chapters. 3162. https://digitalcommons.osgoode.yorku.ca/scholarly_works/3162
The Empowerment of Migrant Workers in a Precarious Situation: The Role of Labor Inspection
For decades, country-specific, regional, and comparative research has identified the legal, political, economic, and social structures that create precarity for transnational migrants doing low-paid work. Similarly, research has recorded in detail the exploitation and rights violations that occur for migrants in precarious situations, including undocumented workers and temporary migrant workers.
The Empowerment of Migrant Workers in a Precarious Situation: An overview
Transnational migrants in a precarious situation – including undocumented workers and temporary migrant workers – generally work in the lowest-paid jobs in the countries where they labor. Research has long documented that they are frequently subjected to exploitative conditions and rights violations both through the recruitment process and in their work.
Opinion | Post-pandemic, women can’t go back to the same old discrimination
Closing the gender pay gap is not just about how individual women navigate the workforce. It’s about how our society undervalues women’s work. By Fay FaradayContributors Jan Borowy Tue., April 12, 2022timer3 min. read updateArticle was updated 3 hrs ago Tuesday is Equal Pay Day, an international event dedicated to raising awareness of the gender pay gap. It symbolizes how far into the year women, on average, must work to catch up to what men earned, on average, the entire previous year.
One Step Forward, Two Steps Back? Substantive Equality, Systemic Discrimination and Pay Equity at the Supreme Court of Canada
Osgoode Home > Osgoode Digital Commons > Journals > SCLR > Vol. 94 (2020) Abstract In 2018, 31 years after the equality rights guarantee in the Canadian Charter of Rights and Freedoms took effect, women won their first Supreme Court of Canada (SCC) appeal based on sex discrimination under section 15 of the Charter. This historical “first” was delivered in Quebec (Attorney General) v. Alliance du personnel professionnel et technique de la santé et des services sociaux.
"COVID-19’s impact on migrant workers adds urgency to calls for permane" by Fay Faraday
Title COVID-19’s impact on migrant workers adds urgency to calls for permanent status Document Type Editorial Publication Date 2-24-2021 Abstract Migrant workers in Canada have suffered tremendously during COVID-19. Each year, some 85,000 low-wage migrant workers come to Canada under the Temporary Foreign Worker Program. They do essential work in many fields including health care, in-home care, agriculture, food processing, cleaning services, delivery services and construction.
COVID-19’s Impact on Migrant Workers Adds Urgency to Calls for Permanent Status
Temporary migrant workers in Canada are facing COVID-19 while dealing with an immigration system that leaves them vulnerable. (THE CANADIAN PRESS/Christopher Katsarov) By Fay Faraday, York University, Canada Migrant workers in Canada have suffered tremendously during COVID-19. Each year, some 85,000 low-wage migrant workers come to Canada under the Temporary Foreign Worker Program.
COVID-19's impact on migrant workers adds urgency to calls for permanent status
Migrant workers in Canada have suffered tremendously during COVID-19. Each year, some 85,000 low-wage migrant workers come to Canada under the Temporary Foreign Worker Program. They do essential work in many fields including health care, in-home care, agriculture, food processing, cleaning services, delivery services and construction. Thousands more are undocumented.
Women, Decent Work and Canada's Fractured Care Econo" by The Canadian Women's Foundation, Canadian Centre for Policy Alternatives et al.
Osgoode Home > Osgoode Digital Commons > Scholarship > Reports > 215 Authors The Canadian Women's Foundation Canadian Centre for Policy Alternatives Ontario Nonprofit Network Fay Faraday, Osgoode Hall Law School of York UniversityFollow Publication Date 7-2020 Publisher The Canadian Women's Foundation Abstract Women in Canada have been disproportionately impacted by the COVID-19 pandemic to an extent that threatens to roll back equality gains.
"Start of fall is when women begin to work for free for rest of the yea" by Toronto.com
Title Start of fall is when women begin to work for free for rest of the year Document Type Media Mention Source Publication toronto.com Description Author: Fay Faraday Recommended Citation Toronto.com. "Start of fall is when women begin to work for free for rest of the year."
One Step Forward, Two Steps Back? Substantive Equality, Systemic Discrimination and Pay Equity at the Supreme Court of Canada
Source Publication Forthcoming in (2020), Supreme Court Law Review, 2nd Series, Vol. 94 Abstract In 2018, thirty one years after the equality rights guarantee in the Canadian Charter of Rights and Freedoms took effect, women won their first Supreme Court of Canada appeal based on sex discrimination under section 15 of the Charter. Quebec (Attorney General) v.
Leaders' debate must address our two-tier immigration system
Polarization on immigration and racism have been driving themes of this election. And they will be front and centre as topics scheduled for today’s official leaders’ debate. We can expect to hear about “Canadian values” and immigrants’ “integration.” While seemingly simple shared ideas, they are everything but.
Lovers & Fighters: What Millennial Workers Love Enough to Fight for – Episode 2 – Closing the Gender Pay Gap
Title Lovers & Fighters: What Millennial Workers Love Enough to Fight for – Episode 2 – Closing the Gender Pay Gap Document Type Media Mention Publication Date 10-29-2018 Source Publication Atkinson Live - podcast Description Every year, April 10 marks Equal Pay Day. Why? Because women on average have to work an extra three and a half months each year to earn what a man does in twelve months.
Opinion | Equal pay day: Show women the money
April 10 is Equal Pay Day this year, an event that marks the size of the gender pay gap. It reflects how far women on average need to work into the New Year to earn what men earned by Dec. 31 of the previous year. The latest census data show that Indigenous women in Ontario face a 43 per cent gender pay gap. Racialized women face a 38 per cent gap. Immigrant women face a 34 per cent gap. On average Ontario women earn 29.3 per cent less than men. The gap isn’t new. And it’s not inevitable.
"Ontario Urged To Tackle Gender Pay Gap With Transparency Law" by Fay Faraday
Ontario must urgently introduce pay transparency laws to tackle a gender wage gap that has remained virtually unchanged for 30 years — the legacy of inadequate enforcement and funding, according to equal pay advocates. The changes proposed by the Toronto-based Equal Pay Coalition would require employers to report and post hourly wage and pay arrangements, including the breakdown of part-time, contract and temporary agency employees as women increasingly bear the brunt of precarious work.
"Ottawa Urged to Grant Permanent Status to Migrant Workers Upon Arrival" by Fay Faraday and Nicholas Keung
Faraday, Fay and Keung, Nicholas. "Ottawa Urged to Grant Permanent Status to Migrant Workers Upon Arrival." Toronto Star (11 September 2016): http://digitalcommons.osgoode.yorku.ca/media_mentions/632
"Visiting Professor & Human Rights and Migrant Labour Advocate Fay Fara" by Fay Faraday
On June 9, at the Daniels Spectrum Arts Center in Regent Park, The Barbra Schlifer Commemorative Clinic will award Fay Faraday this year’s Torys LLP sponsored Annual Spirit of Barbra Schlifer Award.Fay Faraday advocates with and for those who are most marginalized in our justice system.
"Live-in caregivers" by Fay Faraday
Osgoode Home > Osgoode Digital Commons > Osgoode History and Archives > Public Relations > Media Mentions > 33
"Fighting for the Right to Housing in Canada" by Tracy Heffernan, Fay Faraday et al.
Citation Information Heffernan, Tracy; Faraday, Fay; and Rosenthal, Peter. "Fighting for the Right to Housing in Canada." Journal of Law and Social Policy 24. (2015): 10-45. http://digitalcommons.osgoode.yorku.ca/jlsp/vol24/iss1/2
"Foreign worker exodus expected as new rules kick in" by Fay Faraday
Foreign worker exodus expected as new rules kick in
"Mass ejection of temporary foreign workers looms" by Fay Faraday
Osgoode Home > Osgoode Digital Commons > Osgoode History and Archives > Public Relations > Media Mentions > 100
"Why is Stephen Harper sending domestic workers back to 1973?" by Fay Faraday
Why is Stephen Harper sending domestic workers back to 1973?
"No place for courts in affordable housing fight, Ontario’s top court r" by Fay Faraday
No place for courts in affordable housing fight, Ontario's top court rules
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