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: 306

Reply to This

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

PCDMN Soil Moisture Maps: Risk of stem rot sclerotial germination, July 2, 2025

June and early July are important months in terms of field crop disease development.  For diseases such as sclerotinia stem rot of canola and ergot of small grain cereals, suitable pathogen development must occur to produce spores before host infection can take place.  The pathogens associated with both diseases overwinter as resting bodies known as sclerotia, which are compact masses of hyphae (Figure 1).  Germination of stem rot sclerotia to produce the golf-tee shaped apothecia, aka carpogenic germination, requires suitable moisture conditions and moderate temperatures: Typically, sclerotial germination takes up to three weeks with the occurrence of temperatures that range from 10 to 20oC and suitable moisture conditions Soil moisture levels at or close to field capacity at the soil surface are needed for germination of sclerotia, although some germination can occur when levels are somewhat less that field capacity Field capacity varies depending on soil texture but is generally ar

Beef Producers Have a Game Plan to Keep Canada FMD-Free

Canada’s last outbreak of Foot and Mouth Disease (FMD) occurred in Saskatchewan in 1952, and, since then our herds have remained free of FMD. According to the Food and Agriculture Organization (FAO) of the United Nations, Canada is designated as FMD-free without vaccination. This designation is awarded to countries that do not have the FMD virus circulating among cloven-hoofed animals without regular preventative vaccines. The 1952 outbreak was traced to a single sausage brought over by a farm worker from Germany. This seemingly harmless act of bringing a foreign food product on a flight had devastating effects on the Canadian economy, costing approximately $2 million in expenses and lost revenue at that time. If an outbreak were to occur in Canada today, it is estimated that the economic impact could soar to over $80 million.  You Are Here! Prevent and Prepare Canada is currently able to prevent Foot and Mouth Disease from crossing our borders and to prepare for any suspected FMD c

Working together to promote 4R practices to farmers

Fertilizer Canada and Alberta Grains have developed a 4R memorandum of understanding (MOU) that outlines how Agriculture and Irrigation, the agriculture industry and farmers can work together to bolster data collection and communication to increase 4R practice adoption levels. The MOU, a three-year agreement, was signed by Agriculture and Irrigation, Environment and Protected Areas, Alberta Grains and Fertilizer Canada. The objectives of the MOU are to improve production and environmental stewardship through greater awareness of 4R practices and principles. It also aims to establish mechanisms to pursue common objectives and priorities related to soil health/quality and nutrient management, and to support the Alberta government's commitments to the crop industry’s sustainable growth. “I’m so happy to announce the government’s MOU with Fertilizer Canada and Alberta Grains, set to increase awareness of 4R principles and practices. The bottom line is that this approach helps producers m

Grill Season is Here and It’s Never Been Fresher

“Grilling naturally brings out the vibrant flavours of fresh, seasonal ingredients,” says Garry Scott, Vice President of Marketing at Napoleon. “It’s one of the best ways to enjoy everything this time of year has to offer – bold flavours, fresh air and good company.”

© 2025   Created by Darren Marsland.   Powered by

Badges  |  Report an Issue  |  Terms of Service