Ontario Agriculture

The network for agriculture in Ontario, Canada

Supreme Court of Canada Decision on Ontario v. Fraser - Ban on Farm Unions Constitutional

The Supreme Court ruling handed down this morning in the case of Fraser v. Ontario is a great victory for the Attorney General and the farming community.

LICC through its partnership with the Ontario Federation of Agriculture is delighted with the ruling.  The ruling endorses that the Agricultural Employees Protection Act is constitutional.  The Supreme Court totally rejected the Ontario Appeals Court ruling which was a concern to us.  The Agricultural Employees Protection Act is the vehicle for workers collective interest.  The ruling protects workers rights.  Farm Employers are committed to working within the Agricultural Employees Protection Act

Here is a Bulletin and Backgrounder from LICC legal counsel Heenan Blaikie

April 29, 2011

Ontario v. Fraser – Supreme Court of Canada Allows the Appeal

This morning, the Supreme Court of Canada released its decision in Ontario (Attorney General) v. Fraser (“Fraser”) concerning the extent of the constitutional protection of collective bargaining for Ontario agricultural workers under section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter”).

The Supreme Court determined that the Ontario Court of Appeal’s decision in Fraser v. Ontario (Attorney General), 2008 ONCA 760 should be overturned on the basis that the Court of Appeal seriously overstated the scope of collective bargaining rights under section 2(d). As a result, the appeal brought by the Attorney General of Ontario, in which the Ontario Federation of Agriculture and numerous other organizations intervened, has been allowed and the Agricultural Employees Protection Act, 2002 (“AEPA”) has been found to satisfy constitutional requirements.

Fraser is clearly one of the most significant labour and constitutional decisions in Canadian history.

Backgrounder: The Ontario Court of Appeal’s Decision in Fraser v. Ontario

In its 2008 decision, the Ontario Court of Appeal determined that the exclusion of agricultural workers from Ontario’s Labour Relations Act (“LRA”) and their inclusion in a separate statutory regime, the AEPA, was unconstitutional because it failed to provide adequate statutory protections to allow these workers to engage in collective bargaining. The Court of Appeal found that while the AEPA allowed workers to form or join employee associations (including unions) and to make representations to their employers regarding their employment, unlike the LRA, it did not compel employers to respond to and bargain with employees, did not regulate labour disputes, and did not limit representation rights to a single association or union per group of employees.

The Ontario Court of Appeal identified four protections that the Legislature was required to enact to enable agricultural workers to exercise their right to bargain collectively:

  • A duty to bargain in good faith;
  • A requirement that employee representatives be selected based on the principles of majoritarianism and exclusivity;
  • A mechanism for resolving labour disputes (i.e., strikes and lockouts);
  • A mechanism for resolving disputes regarding the interpretation and administration of collective agreements.

While the Court of Appeal was not entirely clear in this regard, it appeared to suggest that the constitutional right of collective bargaining in section 2(d) of the Charter generally requires statutory protection of the above-noted features.

At the time the Court of Appeal’s decision was released, many observers commented that it may be in conflict with the Supreme Court of Canada’s 2007 finding in the B.C. Health Services case that the constitutional protection for collective bargaining does not guarantee a particular model of labour relations.

The Supreme Court of Canada heard the appeal in Fraser v. Ontario in December 2009 and the matter has been under reserve since that time.

The Labour & Employment in the News E-News Bulletin is published by Heenan Blaikie LLP. The articles and comments contained herewith provide general information only. They should not be regarded or relied upon as legal advice or opinions. Heenan Blaikie LLP would be pleased to provide more information on matters of interest to our readers. © 2011, Heenan Blaikie LLP.

The ruling is over 200 pages and can be found at http://scc.lexum.org/en/2011/2011scc20/2011scc20.pdf

If you have questions on any of this material please contact,

 

Ken Linington P.Ag.

Labour Issues Coordinating Committee/Flowers Canada (Ontario)

45 Speedvale Avenue East, Unit 7

Guelph, Ontario

N1H 1J2

519 836-5495 or 1 800 698-0113 ext. 227

519 836-7529 fax

Ken@fco.on.ca

 Lori Moser

OPIC/OSHAB Managing Director

Phone:519-684-6805

Cell:519-577-OPIC

lori.moser@rogers.com

www.opic.on.ca

Views: 309

Reply to This

Agriculture Headlines from Farms.com Canada East News - click on title for full story

Corteva bringing Telbek PRO fungicide to Canadian wheat growers

The product is the first Group 21 fungicide in cereals

ODA accepting 2026 International Year of the Woman Farmer nominations

The Oregon Department of Agriculture is joining partners at all levels in celebrating the International Year of the Woman Farmer 2026, according to a recent news release.. Established by the United Nations General Assembly in 2024, the IYWF highlights a global commitment to empowering and recognizing women in agriculture. “Help us celebrate Oregon women in agriculture,” said ODA Director Lisa Charpilloz Hanson in the release. “Share stories about their inspiration, the challenges they face, and the benefits of supporting female farmers and their contributions to our resilient agriculture and food systems. Send us your stories, and we will help raise awareness of the achievements of women in Oregon agriculture.” ODA invites industry partners and the public to submit stories and photos. The agency plans to feature these women across its communication platforms throughout the year. To participate, complete the online form at oda.direct/IYWF. Submissions will be shared on ODA’s Facebook

Advancing small business in rural Eastern Ontario

Eastern Ontario is fortunate to have not-for-profit organizations that are dedicated to helping small, rural businesses grow through financial support, guidance and strategic planning. Assistance can be found through the Ontario Ministry of Agriculture, Food & Rural Affairs (OMAFRA) for funding support for job creation and investment, as well as through the Ministry of Labour, Training and Skills Development to support skilled trades advancement, training, apprenticeships and provincial employment services. In addition, the Community Futures Development Corporation (CFDC) is part of a national group of 60 Ontario and 267 Canadian CFDCs, supported by both the provincial and federal governments, to build strong, rural communities. This organization offers counsel for community-based projects, business services and access to business loans up to $150,000. Under the umbrella of the CFDC is the Community Futures Eastern Ontario (CFEO), a regional association with professional members focus

Farmers provide ‘on the job training’ for Ontario agriculture minister

Trevor Jones is coming up on his first year as Ontario Minister of Agriculture, Food and Agribusiness and says the job has been a humbling learning experience. Since taking on the portfolio in March, Jones said he’s visited people on farms in communities across Ontario, at dinner tables, in stables and barns. Beginning his career with the Ontario Provincial Police, Jones later took on an executive role in the fresh food industry. Although he didn’t grow up on a farm, Jones said farmers have “welcomed me with open arms.” One thing he has learned from meeting farmers across Ontario is to ask questions. “If you don’t know, they know,” Jones said. “You can’t fake it.” When you ask questions, he said, “A farmer’s eyes will light up and tell you their story about challenges, opportunities, ideas and they’ll train you on the job. “So right now, it’s on the job training. Our farming families across the Ontario are training me to be a good minister.”

Funds meant as hand-up to farming, agriculture

Ontario farmers and agriculture-based businesses looking to bite into a chunk of $20 million in provincial and federal funds can start submitting applications at the end of next month. The funds, for enhancing or expanding existing operations, intend to give qualified recipients a hand-up "in the face of tariffs and economic uncertainty," a provincial news release said on Tuesday. Applications to the Market Diversification and Trade Resiliency Initiative can be made between Feb. 17 and March 17. "This investment will help our local farmers and agribusinesses sell more (Ontario-grown) products to markets around the world," Ontario Agriculture minister Trevor Jones said in the news release. Jones, a former police officer, grew up in Leamington, a southwestern Ontario farming hub. Program applicants must have less than 500 employees, a backgrounder says. Information about how to apply is available online at ontario.ca. Also this week, an Ottawa-based association of Canadian agricult

© 2026   Created by Darren Marsland.   Powered by

Badges  |  Report an Issue  |  Terms of Service