On November 17, 2008, the Ontario Court of Appeal, in a unanimous decision, struck down the Agricultural Employees Protection Act (the “Act”). The Court found the Act to be unconstitutional, since it prevents farm workers from engaging in collective bargaining and, therefore, violates agricultural employees’ rights to freedom of association, as guaranteed by the Charter of Rights and Freedoms.
The Court, however, suspended its declaration that the Act was invalid for a period of 12 months. This will provide the government with time to assess its options for protecting the rights of agricultural workers to engage in collective bargaining and for redrafting the legislation accordingly.
For the full text of the decision, please visit the link below.