Discusses equality regarding farmworkers and their experiences of discimination, placing considerable focus on constructing agricultural workers on the margins, Dunmore‘s substantive disadvantage versus Fraser‘s vulnerability and real cases of discrimination.
Fay Faraday is a social justice lawyer in Toronto, representing community groups and coalitions, unions, and individuals. With a practice focusing on constitutional and appellate litigation, labour, human rights, and administrative/public law, she has extensive experience with Charter litigation at all levels of court, including numerous cases before the Supreme Court of Canada and the Ontario Court of Appeal. Fay has a particular interest in the rights of migrant workers and other workers in precarious employment. She was counsel to UFCW Canada in four constitutional challenges advocating for the rights of domestic and migrant agricultural workers, including Fraser v Ontario (AG) , 2011 SCC 20 and UFCW’s intervention in BC Health Services, 2007 SCC 27. In her legal practice, Fay has also addressed a wide range of social justice issues relating to women’s equality, race discrimination, gender and work, rights of persons with disabilities, employment equity, poverty, income security, international human rights norms, and homelessness and the right to adequate housing. Fay is an adjunct professor at Osgoode Hall Law School and has published extensively on constitutional law and human rights.