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Brian Burkett Toronto Lawyer

Brian W. Burkett *

Counsel Fasken
The twin forces of globalization and technological innovation have revolutionized our world ▬ permanently, relentlessly and at an ever-quickening pace ▬ including the world of work. Finding a balance between economic development and social progress, within the new world, is one of the great challenges of our times.
Jurisdiction Ontario, 1978
Language(s) English
Office(s) Toronto
Contact
*practising through a professional corporation
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Overview

Brian is a management-side labour, employment and human rights lawyer in Fasken’s Toronto office.

Fasken is proud to be a Partner Company in the International Organisation of Employers (IOE) in Geneva, Switzerland. The Fasken Labour, Employment and Human Rights Practice Group (comprised of over 120 lawyers globally) has been ranked Band 1 in the Chambers Canada Rankings for a number of years up to and including 2024. The Fasken Labour, Employment and Human Rights Practice Group was also recognized as Employment Law Firm of the Year in the Chambers Canada Rankings for 2021 and, again, in 2023.

Brian has also held the top ranking of Band 1 in the Chambers Canada Rankings for a number of consecutive years. In 2021-2022, Brian was recognized as a Senior Statesperson in the Chambers Nationwide and Ontario Rankings, and the recipient of the Chambers Canada Lifetime Achievement Award celebrating his career and contributions to the legal profession and to the practice of law across Canada. He is also a co-recipient of the 2021 Canadian Freedom of Association Award presented by the Canadian Industrial Relations Association (CIRA). Brian is a co-recipient of the 2024 Bora Laskin Award for outstanding contributions to Canadian labour law.

Brian was counsel to the Canadian Employers Council (CEC) — the official "voice" of Canadian business, on the international stage, including at the ILO, in respect of the world of work — for decades until the CEC dissolution in 2024. During this period, on behalf of the CEC and its members, Brian spent some time on the Governing Body and the Committee on Freedom of Association (CFA) at the ILO. Also, in January 2021, the CEC submitted a Report to the Canadian government setting out the views and perspective of the Canadian business community on a wide variety of unfolding international and domestic developments impacting the world of work and global workplaces.

He is also counsel to the Federally Regulated Employers - Transportation and Communications (FETCO). FETCO is the principal organization representing the interests of federally-regulated employers, including its interactions with the Canadian Government. FETCO is now the “voice” of Canadian business, on the international stage, including at the ILO, in respect of the world of work.

Brian advises Canadian businesses (operating both inside and outside of Canada) on how best to identify, prevent and monitor the human rights impact of their operations and activities, including supply chains, as well as guiding them on corporate reporting obligations under Canada’s new Fighting Against Forced Labour and Child Labour in Supply Chains Act

Brian was a member of the Labour Consultation Group, appointed by the Canadian Government, in respect of the social/labour provisions of the recently enacted Canada-US-Mexico trade deal (CUSMA) signed July 1, 2020, with the first review scheduled for July 1, 2026. He is also a member of the Comprehensive Economic and Trade Agreement: Domestic Advisory Group (CETA:DAG) (Labour and Sustainable Development chapters) under the provisions of the provisional trade deal between Canada and the 27-member EU.

Brian participates in the affairs of the International Labour and Employment Relations Association (ILERA). In 2018, he presented a paper on "Globalization: Reverse or Reform?" at the ILERA World Congress held in Seoul, South Korea, and in 2020, he spoke on the topic of “Globalization and Labour Law” at the ILERA Regional: Americas conference. In June, 2024, Brian co-authored and co-presented a paper entitled “Access to effective remedies: fashioning a global framework for the arbitration of labour disputes” delivered at the ILERA World Congress held in New York, USA.

Brian is co-author of the book Canadian Labour and Employment Law for the U.S. Practitioner (4th Edition) published by Bloomberg BNA Books, Washington, D.C. He is also co-editor and an co-author of the book Federal Labour Law and Practice, published by Canada Law Book.

Brian is an associate editor of the Canadian Labour and Employment Law Journal (CLELJ) and a member of the International Association of Labour Law Journals.

Brian sits on the Advisory Board of the Centre for Industrial Relations and Human Resources (CIRHR) at the University of Toronto and the Centre for Law in the Contemporary Workplace at the Faculty of Law, Queen’s University.

He is an Adjunct Professor at the CIRHR where he co-teaches the course on "International Developments in Labour and Human Resource Policy".

Over the last few years, Brian has been actively involved in the rapidly evolving ESG (Environmental/Social/Governance) field with special attention on the "S" (Social) in ESG and ESG Investing, otherwise known as Business and Human Rights (BHR).

Brian is a co-author of the annual Fasken "ESG Disclosure Study". The Study records the current status of the Social (S) progress, alongside Environmental/Governance, within the Canadian corporate community as of the end of the previous year.

He is co-author of the chapter "The Regulation of Multinational Labour and Employment Practices Through a Galaxy of Norms" in the recently released book, Corporate Social Responsibility – Sustainable Business: Environmental, Social and Governance Frameworks for the 21st Century, published in 2020 by Kluwer Law International in partnership with the International Bar Association.

Since 2021, Brian has lectured in the Osgoode Hall Law School Certificate Program in “ESG, Climate Risk & The Law”.

Brian is a member of the Advisory Panel of the Access to Remedy Institute (ARI) connected with the Center for Human Rights at the American Bar Association (ABA). The Center focuses on the development of the BHR field within the global economic system, including the construction of a comprehensive repository of BHR materials (see BHR Repository). ARI works to enhance the application of just systems to uphold the UN Guiding Principles on Business and Human Rights (the UNGPs) and to protect Human Rights in Business.

Brian participates in the UN Forum on Business and Human Rights (BHR) held each year in Geneva, Switzerland. The 14th Annual UN Forum on BHR took place on November 24-November 26, 2025.

Finally, Brian is a Fellow of the College of Labor and Employment Lawyers in the United States. He is also AV® Preeminent™ Peer Review Rated by Martindale-Hubbell, the highest peer review rating awarded to a lawyer/attorney for his legal skills and sense of ethics.

Achievements

  • Recognized in the Canadian Legal Lexpert Directory as Repeatedly Recommended in Employment Law, Lexpert 2024 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Consistently Recommended in Environmental, Social & Governance (ESG), Canadian Legal Lexpert Directory 2024 to 2026
  • Recognized nationwide as top tier (Band 1) in Business & Human Rights Law, Chambers Canada 2022 to 2026
  • Recognized nationwide in the Hall of Fame in Labour and Employment, The Legal 500 Canada 2016 to 2026
  • Recognized as a Senior Statesperson in Employment & Labour in Ontario, Chambers Canada 2016 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Consistently Recommended in Labour Relations and Management, Canadian Legal Lexpert Directory 2013 to 2026
  • Recognized in Labour and Employment Law in Toronto, The Best Lawyers in Canada 2006 to 2026
  • Recognized as Recommended and as a Thought Leader in Labour, Employment & Benefits Law, Lexology Index 2014 to 2025
  • The Bora Laskin Award, 12/3/2024
  • Recognized as a Thomson Reuters Stand-out Lawyer (formerly known as Acritas Star™ lawyer), Thomson Reuters stand-out lawyers 2016 to 2022

Career & Education

Education

  • LLB Osgoode Hall Law School at York University
  • BA University of Toronto

Memberships & Affiliations

  • Member, American Bar Association (Member of the ADA Advisory Committee to the ABA: Centre for Human Rights) 
  • Member, Canadian Bar Association
  • Member, Canadian Chamber of Commerce
  • Co-Director, Canadian Labour Law Association (CLLA)
  • Director and Counsel, Canadian Employers Council
  • Member, International Association of Labour Law Journals
  • Member, International Organization for Standardization (IS)
  • Member, International Society for Labour and Social Security Law
  • Member, Inter-University Research Centre on Globalization and Work (CRIMT)
  • Member, The College of Labor and Employment Lawyers
  • Member, The Law Society of Upper Canada (Ontario)

Knowledge

  • US Initiates Investigations of Canada and Other Trade Partners Over Failure to Prohibit Forced Labour Imports, 4/1/2026
  • 2026 ESG Disclosure Study, 3/3/2026
  • Chambers Global 2025 Practice Guide: Business & Human Rights, 7/24/2025
  • Unlocking the Social Side of ESG: Insights for Workplace Leaders from Fasken’s 2025 ESG Disclosure Study, 4/24/2025
  • 2025 ESG Disclosure Study, 2/24/2025
  • The Intersection of Business and Human Rights, 7/3/2024
  • 2024 ESG Disclosure Study, 1/9/2024
  • Parliament Passes Bill S-211: The New Forced Labour and Supply Chain Reporting Requirements for Businesses, 5/5/2023
  • 2023 ESG Disclosure Study, 1/9/2023
  • The Human-Side of Globalization: Under Repair, 6/10/2022

Events

  • The State of Business and Human Rights (BHR) in 2026: Where Do We Stand Now?, 2/23/2026
  • The Social Reform of Globalization: Two Roads Diverge, 3/6/2025
  • The S (Social) in ESG Has Landed on Both Feet in Canada, 2/29/2024
  • Symposium 2023 - Understanding Canada’s New Fighting Against Forced Labour and Child Labour in Supply Chains Act, 11/16/2023
  • The “S” in ESG: How Europe is Leading the Way on the Shift from “Soft” to “Hard” Law, 3/9/2022
  • ‘Building Back Better’ and the Rise of ESG, 11/19/2020
  • Environmental Health & Safety and Environmental Law Year in Review, 11/19/2019
  • A Corporation’s Purpose, Stakeholder Primacy and Environmental, Social and Governance (ESG) issues, 11/8/2019
  • International BHR Arbitration Tribunal Process Panel, 3/1/2019
  • Business and Human Rights Update: Legal and Policy Developments, 3/6/2018

News

  • Fasken Benchmark ESG Survey Sheds Light on Key Trends For Corporate Decision-Makers, 1/9/2023
  • Fasken Team Helps Clients Align ESG With Their Business Objectives, 9/21/2022
  • Brian Burkett Receives Lifetime Achievement Award at the Chambers Canada Awards 2021, 9/9/2021
  • Seventy-Four Fasken Lawyers Recognized in Who’s Who Legal: Canada 2019, 12/19/2019
  • Forty-Two Fasken Lawyers Ranked in 2020 Edition of Legal 500 Canada, 11/19/2019
  • Chambers Canada names Fasken “Employment Law Firm of the Year 2018” and Recognizes 93 of Fasken Lawyers in the 2019 Guide, 9/21/2018
  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018
  • The 2018 Canadian Legal Lexpert Directory recognizes 200 Fasken lawyers, 4/12/2018
  • Chambers Global 2018 recognizes 54 Fasken lawyers in 19 practice areas firm-wide, 2/19/2018
  • Fasken Doubles Top Tier Rankings in Legal 500 Canada 2018, 12/7/2017

Publications

  • Understanding Canada’s New Forced-Labour Law, 9/5/2023
  • The Regulation of Multinational Labour and Employment Practices Through a Galaxy of Norms, “Corporate Social Responsibility – Sustainable Business: Environmental, Social and Governance Frameworks for the 21st Century”, 6/15/2020
  • Defining labour rights in a globalised world: a Canadian perspective, 10/1/2015
  • Employment and Employee Benefits in Canada: Overview, 10/1/2015
  • Employment and Employee Benefits in Canada: Overview, 1/1/2015
  • Employment Equity, The Next 25 Years, 5/22/2014
  • Federal Labour Law and Practice, 12/25/2013
  • Canadian Labour and Employment Law for the U.S. Practitioner (Third Edition), 2/1/2013
  • The Future of the Wagner Act in Canada and the United States, 1/3/2013
  • International Framework Agreements: An Emerging International Approach or a Passing European Phenomenon?, 3/9/2011
Book The Regulation of Multinational Labour and Employment Practices Through a Galaxy of Norms, “Corporate Social Responsibility – Sustainable Business: Environmental, Social and Governance Frameworks for the 21st Century” Kluwer Law International in partnership with the International Bar Association
Article Defining labour rights in a globalised world: a Canadian perspective Practical Law, Thomson Reuters

Speaking Engagements

  • The Push to Regulate Corporate Human Rights Behaviour, 11/8/2022
  • Globalization: Reverse or Reform?, 6/24/2020
  • Globalization: Reverse or Reform?, 7/23/2018
  • Trade and Tribulations - Uncertain Times Ahead for Partners of Trade Agreements - Why and What to Expect?, 9/20/2017
  • Globalization in An Era of Strong Headwinds, 6/16/2017
  • Latest IFA and Analysis of Current Global Developments Relevant for Industrial Relations; International Organization of Employers, 4/20/2017
  • The Trans-Pacific Partnership and Trans-Atlantic Treaty Agreement: Labour Relations & Human Rights dimension, 4/7/2016
  • Globalization in an Era of Strong Headwinds
Speaker Globalization: Reverse or Reform? ILERA 2020 Conference location location Toronto
Speaker Globalization: Reverse or Reform? ILERA World Congress location location Seoul, South Korea