Cases

SCC Case Information

Summary

32968

Attorney General of Ontario v. Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada, et al.

(Ontario) (Civil) (By Leave)

Keywords

Canadian charter - civil.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.

Charter of Rights - Freedom of association - Agricultural workers - Labour relations - Right to bargain collectively - Ontario government enacting legislation which excludes agricultural workers from Labour Relations Act but provides certain protections for organizing - Whether the Agricultural Employees Protection Act, 2002, S.O. 2002, c. 16, infringes s. 2(d) of the Canadian Charter of Rights and Freedoms - If so, whether the infringement is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms - Whether s. 3(b.1) of the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A, infringes s. 2(d) of the Canadian Charter of Rights and Freedoms - If so, whether the infringement is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms - Whether the Agricultural Employees Protection Act, 2002, S.O. 2002, c. 16, infringes s. 15 of the Canadian Charter of Rights and Freedoms - If so, whether the infringement is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms - Whether s. 3(b.1) of the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A, infringes s. 15 of the Canadian Charter of Rights and Freedoms - If so, whether the infringement is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms.

The Agricultural Employees Protection Act, 2002, S.O. 2002, c. 16 (the “AEPA”), which came into force on June 17, 2003, excludes agricultural workers from the Labour Relations Act, 1995 (“LRA”), but provides certain protections for organizing. The Respondent union and the individual Respondents sought a declaration that the AEPA and s. 3(b.1) of the LRA, which provides that the LRA does not apply “to an employee within the meaning of the Agricultural Employees Protection Act, 2002”, were unconstitutional. The application judge dismissed the application, concluding that the AEPA met the minimum statutory requirements necessary to protect the freedom to organize. The Court of Appeal allowed the appeal and declared the AEPA constitutionally invalid. The Court concluded that the AEPA substantially impaired the capacity of agricultural workers to meaningfully exercise their right to bargain collectively, and that the violation of s. 2(d) of the Canadian Charter of Rights and Freedoms was not saved under s. 1 of the Charter.