Curriculum Vitae Peter James BARNACLE Barrister and Solicitor Woloshyn & Company 200 Scotiabank Building 111Second Avenue South Saskatoon, SK S7K 1K6 (306) 244 2242 (General Office) (306) 665 9504 (Direct Line) pbarnacle@sasklaw.com Academic Credentials: Master of Law 2001 Trinity Hall, University of Cambridge, UK International Law: economic and human rights law, European civil and social law and the law of armed conflict Bachelor of Laws 1987 Queen s University, Kingston, Ontario Concentration in labour and employment law, human rights and administrative law Bachelor of Education 1979 University of Victoria, Victoria, BC (Secondary) Teaching areas of geography, history and social sciences Honours, Bursaries and Awards: Master of Law: Commonwealth Trust Bursary Bachelor of Laws: 1987 (3 awards) - Administrative Law, Individual Employment Relationship, and Advanced Family Law; 1986 (2 awards) - Labour Law and Law of Evidence; 1985 (one award) - Criminal Law Bachelor of Education 1977 - Taylor Education Bursary; 1976 - Clearihue Bursary
Professional Qualifications: Barrister and Solicitor Solicitor Saskatchewan 2004 England and Wales 2003 Ontario 1991 British Columbia, 1988 Teaching Certification (Secondary): British Columbia, 1979 Ontario, 1984 Law Society and Professional Association Membership: Law Society of Saskatchewan Law Society of England and Wales Law Society of Upper Canada Canadian Association of Labour Lawyers International Centre for Trade Union Rights International Commission for Labour Rights International Society of Labour and Social Security Law Employment and Freelance Work: Extensive practical and legal experience as an advocate for employees and unions in British Columbia, Ontario, Saskatchewan and the Federal jurisdiction, as well as the United Kingdom and the Republic of Ireland. Activities include organizing and certification, negotiation/administration of collective agreements, counsel in labour arbitration, labour boards and courts, as well as human rights, labour standards, occupational health and safety and workers compensation work and tribunals. July 2007 Present July 2003 July 2007 March June 2003 Oct 2002 Feb 2003 Sept 2001- Oct 2002 Lawyer, Woloshyn & Company, Saskatoon, SK Legal and Legislative Representative, Canadian Union of Public Employees, Saskatchewan Region, Regina, SK Professional Institute of the Public Service of Canada, legal services contract for interest arbitration, Ottawa, ON Irish Organiser (Acting), National Union of Journalists, Dublin, Ireland Legal Officer (Acting), National Union of Journalists, London, UK 2
July 2001 Oct 2002 Nov 1995 July 2001 July 1990 Nov 1995 July 1988 July 1990 Apr 1987 July 1988 Sept 1984 Apr 1987 Sept 1979 Aug 1984 Pre 1979 Institute of Employment Rights (IER), Incomes Data Services (IDS) and International Centre for Trade Union Rights (ICTUR): freelance legal research and writing, UK Legal Counsel, Canadian Air Traffic Control Association (CATCA), now CAW Local 5959, Ottawa, ON Lawyer, Nelligan Power, Ottawa, ON (now Nelligan O Brien Payne) Research Associate, Industrial Relations Centre, Queen s University, Kingston, ON Articles and lawyer, Brewin Morley, Victoria, BC Law School, Queen s University: part-time research and legal writing contracts Secondary School Teacher, School District No. 55, Burns Lake, BC (history, geography, social sciences) 1974-79 University of Victoria, 1971-74, BC Parks Branch (Ranger and Park Supervisor), 1969-70, millworker, labourer. Elected Labour Experience 1981-1983 Burns Lake District Teachers Association (British Columbia Teachers Federation), Bargaining Chairperson and Chief Negotiator in collective bargaining. 1972-1974 British Columbia Government Employees Union, Regional Chairperson and Shop Steward Teaching and Related Experience: Visiting Professor, Makerere University, Faculty of Law, Kampala, Uganda, International Economic Law and International Human Rights; International Labour La, academic years 2008 to 2011. Sessional Lecturer II, University of Regina, Johnson-Shoyama School of Public Policy, GSPP 812, Public Sector Collective Bargaining, 2007-08. Training and Education sessions and courses for the union/employer community, as well as union education, in labour arbitration and human rights, including CUPE 3
Winter School and Summer School and the Saskatchewan Federation of Labour s annual Year in Review. Coach, University of Ottawa Labour Law Moot Team, winners of National Championship: Mathews Dinsdale National Labour Law Moot Competition, 2000. Secondary School Teacher Northern British Columbia Invited Speaker and Panel Activities: Guest Lecturer, Freedom of Association: Continued Convergence in Europe and Canada, Advanced Labour Law class, University of Western Ontario, February 17, 2011. Panellist, CBA Saskatchewan Mid-Winter Meeting, Employment and Human Rights Update, Saskatoon February 4, 2011. Speaker, The Convergence of International Law Concerning Freedom of Association, Conference: Freedom of Association: Harmonizing Canadian Norms and International Commitments, College of Law, University of Saskatchewan, February, February 26, 2010 Panellist, Centre for Labour Management Development conferences: Accommodation and Disability: 2005, 2006, 2007, 2009, 2010, 2011 Law Labour Review: 2005, 2006, 2007, 2008, 2009, 2010, 2011 Panellist, Update on Labour Board Cases, Labour Arbitration Conference, Lancaster House, Calgary June 13 th, 2008. Seminar for Trade Union officers and officials, Saskatchewan Federation of labour, The Year in Review, 2007 and 2011. Panellist, Psychological Harassment in the Workplace, Lancaster House audio conference, June 15 th, 2006. Member, International Labour Delegation to North Carolina, USA, International Commission for Labour Rights (ICLR), November 2005, investigating the denial of collective bargaining rights for public employees in the State of North Carolina; subsequent report (2006) submitted to the International Labour Organization and the Mexican National Administration Office (NAALC North American Agreement on Labour Cooperation). Panellist, Labour Arbitration Conference, University of Calgary, June 3 rd, 2004; presented paper with respect to concurrent jurisdiction issues at arbitration boards, 4
human rights tribunals and labour standards tribunals. Paper published in conference proceedings. Speaker, Labour Law in the Millennium, Conference, University of Saskatchewan, College of Law, March 29 th, 2004, Saskatoon; prepared and presented paper on application of international labour and related human rights law with respect to international financial institutions and trade regimes. Paper subsequently published in Saskatchewan Law Review 2004 v 67(2). Guest lecturer, University of Regina, Human Justice 312: Foundations of Human Rights, May and October 2004. Keynote Speaker, The Year in Review (2004), Saskatchewan Federation of Labour, January 22 &23, 2004 on international labour and related human rights law. Guest Lecturer, Labour Studies Program, January 2004, University of Saskatchewan, on the application of international labour rights in trade and globalization regimes. Guest Lecturer, Seminar Presentations and/or Speaker on multiple occasions to university classes (Ontario, Saskatchewan), union education conferences (Canada, UK and Ireland) and labour relations conferences. International Activities Canadian Association of Labour Lawyers (CALL) Member of the CALL International Committee, which prepares submissions on the application of international law in Canadian jurisdictions and liaises internationally with similar professional groups. International Centre for Trade Unions Rights (ICTUR) Based in the UK, ICTUR promotes trade union and related worker rights through advocacy, research and its journal, International Union Rights (also see publications below). Project Coordinator, Uganda Trade Union Project (2007-Present) This is a four year project involving capacity building for the Ugandan trade union federation, National Organisation of Trade Unions, and its affiliate trade union members. I travel to Uganda twice a year in support of this project during which time I also teach at Makerere University in Kampala (see teaching activities above). International Commission for Labour Rights (ICLR) Based in the UK and US, the ICLR promotes labour rights and compliance with international labour standards established through the UN system, particularly the International Labour Organization: 5
in November 2005, member of a seven person international delegation investigating the denial of collective bargaining rights for public sector workers in the State of North Carolina edited the report of the Delegation which has now been submitted as evidence in two proceedings: a complaint before the Freedom of Association Committee of the International Labour Organization [referenced in decision whereby complaint upheld against the United States of America in March 2007] and a complaint filed under the North American Agreement on Labour Cooperation, a side-agreement to the North American Free Trade Agreement [ongoing] International Society of Labour and Social Security Law (ISLSSL) The ISLSSL, housed in the International Labour Organisation at Geneva, was formed in 1958 to the following purposes: to study labour and social security law at the national as well as international level; to promote the exchange of ideas and information from a comparative perspective; and to encourage the closest possible collaboration among academics, lawyers, and other experts within the fields of labour and social security law. The ISLSSL journal, Comparative Labor Law & Policy Journal is published by the United States Branch of the Society. Writing and Research A. Refereed Publications Interpretation of Freedom of Association in Canada and Europe: Convergence Revisited, Canadian Labour and Employment Law Journal (CLELJ), forthcoming 2011. Dunmore meets Wilson and Palmer: Interpretation of Freedom of Association in Canada and Europe, CLELJ 11: 143-173. Promoting Labour Rights in International Financial Institutions and Labour Regimes, Saskatchewan Law Review 67(2): 610 636. Royal Oak Mines Inc, CLELJ 4: 233 250. [case comment] Unions and Sexual Harassment in the Workplace, CLELJ.3: 201 223. [coauthor] 6
B. Monographs and Manuals Canadian Employment Law (London: Incomes Data Services, 2002). 134 pages. A Comparative Paper on Employment Law in Gibraltar, Guernsey, Jersey and the Isle of Man (London: Institute of Employment Rights, 2001). 48 pages. [commissioned by the Transport & General Workers Union] Labour Arbitration of Discharge Grievances in Ontario: Outcomes and Reinstatement Experience, (Kingston: Industrial Relations Centre, Queen s University, 1991). 310 pages. Labour Legislation and Public Policy Reference Tables, (Kingston: Industrial Relations Centre, Queen s University, 1989). 273 pages. C. Book Chapters The Global Workplace: Challenging the Race to the Bottom (London: War on Want and the International Centre for Trade Union Rights, 2001). D. Published Conference Proceedings Forum Issues from a Union Perspective: Overlapping and Concurrent Jurisdictions, 2004 Labour Arbitration and Policy Conference, June 2-3, 2004, University of Calgary. 16 pages. Saskatchewan Labour Relations Board Case summaries, Saskatchewan Labour Law Review, 2006, 2007 and 2008. E. Non-Refereed Publications Report: Saskatchewan challenge to workers rights, International Union Rights (IUR), Journal of the International Centre for Trade Union Rights, v.15 Issue 3 2008. Supreme Court of Canada applies international labour law, IUR 14 (2) 2007. Ed., Report of the North Carolina Delegation of the International Commission for Labour Rights, ICLR, (submitted to the ILO and NAALC complaint processes) Scope for optimism in Canada, IUR 9(1) 2002 [Review of Supreme Court of Canada Charter cases] 7
The privatisation of air traffic control services in Canada, IUR 8(4) 2001 Apples at the coalface, IUR. 8(3) 2001. [Mexican complaint against United States under North American Agreement on Labour Cooperation (NAALC)] Professional Writing 2007- Present, Principal Revising Author, Employment Law in Canada, LexisNexus, Canada, Toronto, Ontario 1993-1994 Columnist, Arbitration Update, Workplace News, Canada Law Book, Aurora, Ontario 1988-1993 Co-Editor, Associate Editor, Canadian Labour Arbitration Summaries (CLAS), Canada Law Book, Aurora, Ontario 8