Are There Constitutional or International Law Obstacles to Applying Canadian Labour Standards in cases A-E?
With respect to outsourcing , the federal Government could probably pursuant to its Unemployment Insurance power specifically address the needs of workers whose jobs are outsourced to another province or another country through special benefits or entitlements, including to retraining. This would affect the normal operation of provincial labour jurisdiction, and it is unlikely that the UI power could sustain regulatory action that trenches on provincial labour jurisdiction, for instance, special notice periods and severance provisions that would apply in the case of outsourcing. A quite different approach to outsourcing would be to require that the workers in the other jurisdiction to whom the work has been outsourced be subject to federal labour standards. Where the other jurisdiction is foreign, there is unlikely to be a constitutional obstacle, as generally speaking, the constitution allows the federal Government to apply its jurisdiction extraterritorially (i.e. beyond the territor
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