2011 SCC 20 (Released April 29, 2011)
Charter – Freedom of Association –
Collective Bargaining – Agricultural Workers
In this case, the Supreme Court of Canada upheld the
constitutionality of Ontario's special labour relations
regime for agricultural workers. In doing so, the court affirmed
its decision in Health Services and Support –
Facilities Subsector Bargaining Assn v British Columbia, 2007
SCC 27 ("BC Health Services")
as to the role of freedom of association in collective
bargaining.
The Agricultural Employees Protection Act,
2002, SO 2002, c 16 (the "Act")
excludes farm workers from the regular provincial labour relations
regime, but grants them rights to form and join an
employees' association, to participate in its activities,
to assemble, to make representations to the employers, and to be
protected against interference in the exercise of those rights. The
Act requires farm employers to give such associations the
opportunity to make representations
