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: 318

▶ Reply to This

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

North American Agriculture Leaders Back USMCA and Long-Term Trade Stability

Agriculture leaders from across North America have renewed their commitment to maintaining predictable trade rules and strengthening cooperation on animal health, plant protection and rural development.

BASF Appoints Leta LaRush to Lead U.S. Ag Business Amid Major Restructuring

BASF Agricultural Solutions has unveiled a new organizational structure aimed at improving customer responsiveness and supporting its transition toward operating as an independent business.

Canada's Productivity Mega Deduction Could Fuel New Farm and Ag-Tech Investment

The federal government says its new Productivity Mega Deduction represents one of the most significant tax changes in decades, expanding immediate write-offs for business investments.

Agtech innovators to share validation insights at Agriculture Enlightened 2026

Testing and validating new technologies is an essential part of scaling an agtech business. This work being done at EMILI’s Innovation Farms and AIVA Network’s Validation Hubs helps innovators commercialize their products and increases the adoption of their solutions.  During Agriculture Enlightened, Canada’s Agtech Conference, hear from Marcel Kringe, founder and CEO of BranValt, and Katie Friesen, founder and CEO of FarmerTitan, about their experience validating their technologies through the AIVA Network this season. The pair will be joined by Peter Frey, CEO of Spade Technologies, and Darren Anderson, CEO of Vive Crop Protection for a discussion around what they have learned through the validation process in this panel moderated by Chelsea Platzke, board chair of BioTalent.  Marcel Kringe grew up on a family farm in Germany, where he pursued an ag engineering degree. Work and travel studies in Canada, Russia and Brazil led him to move to Canada. He learned English on the go while

Selling grain to an unlicensed buyer: Approval and sampling requirements

Before selling grain to an unlicensed buyer, producers with AFSC production insurance should understand the requirements that apply and the steps they need to take to protect their coverage. Agriculture Financial Services (AFSC) defines a licensed buyer as a grain buyer licensed by the Canadian Grain Commission (CGC) as either a primary elevator or terminal elevator. AFSC only accepts receipted grades on sales from buyers holding one of these licence types. The Commission offers several classes of licences, each with different requirements. Primary and terminal elevator are the only licence classes required to sample grain upon receipt and resolve grade and dockage issues through the CGC. If grain is sold to a grain dealer, private buyer or process elevator before a post-harvest inspection is completed, AFSC may use the client’s samples. However, clients must contact their preferred branch office before moving any grain and obtain approval to collect samples for grading purposes. I

© 2026   Created by Darren Marsland.   Powered by

Badges  |  Report an Issue  |  Terms of Service