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The Law of Work
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Employment Law Challenge: Does Ontario Law Prohibit Child Labour?

by David Doorey June 20, 2012
written by David Doorey June 20, 2012

I was asked by one of my students the other day, as we discussed the issue of child labour in India that was in the news last week, what law prohibits an employer in Ontario from hiring children.
Certainly, the exploitation of children in Canadian factories and mines is a dark part of Canada’s labour history, documented in many books and government inquiry reports.  But most people assume there are laws that would outright prohibit the employment of children in Canada today.  Right?
I’ve been asked about this before by someone in the media, and I had to think about it.
For my students who are having Employment Law withdrawal in these hot and hazy days of summer (or anyone else whose interested), I challenge you to go find the answer to this question:

Can an employer in Ontario (or any other province) hire a 9 year old to work to work in a factory, retail store, or to sew stuffed animals or soccer balls?   If not, what law (statute) prohibits this?
Assume the work takes place on weekends and after school, so there is no issue about the child being pulled from school.

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David Doorey

Professor Doorey is a Full Professor of Work Law and Labour Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

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