Ontario Severance

F. v. Ontario (Attorney General)

2008 ONCA 760 (CanLII)Court of Appeal for OntarioDecided Labour relations

Agricultural Workers Collective Bargaining Rights

Appeal history

Summary

This is an appeal concerning the constitutionality of the Agricultural Employees Protection Act, 2002 (AEPA) and its impact on the collective bargaining rights of agricultural workers. The Court of Appeal for Ontario found that the AEPA violated section 2(d) of the Charter by failing to provide sufficient statutory protections for meaningful collective bargaining and was not justified under section 1. The court issued a declaration of invalidity, suspended for 12 months to allow the government to enact compliant legislation. This decision was appealed to the Supreme Court of Canada, which reversed it (Ontario (Attorney General) v. F., 2011 SCC 20). The Supreme Court of Canada allowed the appeal and dismissed the action, finding that the Agricultural Employees Protection Act, 2002 does not violate section 2(d) of the Charter.

Outcome

appeal allowed; declaration of invalidity suspended for 12 months; reversed by the Supreme Court of Canada (2011 SCC 20)

Key Factors

  • freedom of association
  • collective bargaining
  • agricultural workers
  • Charter section 2(d)
  • AEPA constitutionality

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This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.