Charter of Rights — Ontario Employment Law

Ontario (Ministry of Labour, Immigration, Training and Skills Development) v. The Econo-Rack Group Inc.

OHSA Inspector Powers: Section 8 Charter Breach

This is a procedural ruling concerning the admissibility of evidence and costs in a regulatory matter under the Occupational Health and Safety Act. The court addressed whether a Ministry inspector's search and seizure breached the employer's Charter rights under section 8, applying a contextual analysis of regulatory inspections. The court found no breach of the Charter and consequently denied the applicant's request for costs.

Carpenters’ District Council of Ontario v. City of Hamilton

A constitutional challenge brought by a trade union regarding freedom of association under the Charter of Rights and Freedoms, specifically addressing section 127.2.

Ontario (Labour) v. N.

Ontario (Labour) v. N.: Complex Case Delay Under OHSA

This is an appeal to the Court of Appeal from a summary conviction appeal judge's decision dismissing the Crown's appeal from a stay of proceedings. The respondents were charged with Occupational Health and Safety Act offences after an employee died in a mine accident. The application judge stayed the charges for unreasonable delay under s. 11(b) of the Charter, finding the Crown failed to mitigate delay despite it being a complex case, and the appeal judge upheld the stay. The Court of Appeal allowed the Crown's appeal, holding that the lower courts applied the wrong legal standard for the "particularly complex case" exception by using the presumptive ceiling as a benchmark for minimizing delay. A new trial was ordered.

Ontario (Labour) v. N.

Ontario (Labour) v. N.: Leave to Appeal Granted

This was a motion for leave to appeal to the Court of Appeal from a Superior Court of Justice decision dismissing an appeal of a stay of proceedings. A worker died of cyanide poisoning at a mine, leading to occupational health and safety charges against the employer and several supervisors. The trial judge stayed the regulatory charges against the supervisors due to unreasonable delay under section 11(b) of the Charter, and the Superior Court dismissed the Crown's appeal. The Court of Appeal granted the Crown leave to appeal because the case raises important questions of law regarding the characterization of delay and the administration of justice.

OPSEU v Ontario

OPSEU v Ontario: Collective Bargaining & Charter Rights

This is a constitutional challenge brought by OPSEU against the Province of Ontario regarding the government's conduct during collective bargaining with the Ontario English Catholic Teachers' Association (OECTA). The central legal issues concern whether Ontario's unilateral imposition of parameters and the OECTA Memorandum of Understanding substantially interfered with meaningful collective bargaining in violation of section 2(d) of the Charter, and whether any such breaches were justified under section 1.

Mounted Police Association of Ontario v. Canada (Attorney General)

RCMP Staff Relations Program Challenged for Infringing Collective Bargaining Rights

A labour and employment case involving RCMP members challenging the Staff Relations Representative Program (SRRP) under section 96 of the Royal Canadian Mounted Police Regulations, 1988, for infringing their freedom to engage in collective bargaining under section 2(d) of the Charter. The court found the SRRP to infringe the Charter but determined the infringement was not justified under section 1. The case later reached the Supreme Court of Canada (Mounted Police Association of Ontario v. Canada (Attorney General), 2015 SCC 1). The Supreme Court of Canada allowed the appeal, declaring section 96 of the RCMP Regulations and paragraph (d) of the definition of 'employee' in section 2(1) of the PSLRA to be of no force and effect due to infringing section 2(d) of the Charter. The declaration of invalidity was suspended for a period of 12 months.

W. v. Welland (City)

Age Discrimination: Interim Injunction Granted

A wrongful dismissal and age discrimination case where an employee, employed as Fleet Supervisor, sought to remain employed beyond age 65 despite the respondent's policy of retirement at 65. The court granted an interim injunction to allow the applicant to remain employed pending appeal, citing the balance of convenience and the serious constitutional issue of age discrimination under Section 15(1) of the Charter.

Q. v. Ontario (Human Rights Commission)

Human Rights Discrimination Case: Remedies Upheld by Tribunal

A human rights tribunal case addressing remedies for discrimination, including pension benefits, sick leave credits, lost income, and general damages. The tribunal's findings on remedies were upheld as reasonable, and the Charter challenge to section 41(4) of the Ontario Human Rights Code was dismissed.

F. v. Ontario (Attorney General)

Agricultural Workers' Labour Rights: Charter Challenge to Exclusion from Collective Bargaining

A labour relations case involving agricultural workers challenging their exclusion from collective bargaining rights under the Labour Relations Act, 1995 (LRA) and the adequacy of the Agricultural Employees Protection Act, 2002 (AEPA) in protecting their right to associate and organize under the Canadian Charter of Rights and Freedoms, s. 2(d). The court found that the AEPA meets minimum constitutional standards for freedom of association and that the exclusion of agricultural workers from the LRA does not constitute discrimination under section 15 of the Charter. The case later reached the Supreme Court of Canada (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.

F. v. Canada (Attorney General)

Employment Insurance and SAWP Workers: Charter Discrimination Case

A case involving the application of the Employment Insurance Act to SAWP workers, who are required to pay EI premiums but cannot access regular benefits. The court examined whether this differential treatment violates section 15 of the Charter and whether the UFCW has public interest standing to challenge the policy. The motion to strike was dismissed as the application raised justiciable issues.

G. v. Canada (Attorney General)

Workplace Discrimination Case: Standing to Claim for Other Employees Struck Down

A workplace discrimination case where the plaintiff alleged systemic discrimination against other racialized employees and personal discrimination. The court ruled that the plaintiff lacked standing to claim remedies for unidentified employees and struck out portions of the pleading that exceeded the plaintiff’s personal claims.

C. v. S.

Military Personnel Fiduciary Duty and Charter Claims

A case involving a military personnel's claim of breach of fiduciary duty and Charter violations, including allegations of false evaluations and mishandling of grievances. Leave to amend was granted for fiduciary duty and Charter claims but denied for statutory duty claims.

R. v. National Steel Car Ltd.

Occupational Health and Safety Act Pre-Charge Delay

This is an appeal to the Court of Appeal from an order dismissing the Crown's appeal from a decision granting a judicial stay of proceedings on charges under the Occupational Health and Safety Act. The company was charged after a delay, but within the one-year limitation period. The justice of the peace found no irremediable prejudice but granted a stay for abuse of process due to unexplained pre-charge delay. The appeal judge dismissed the Crown's appeal, inferring prejudice. The Court of Appeal allowed the appeal, holding that there was no evidentiary basis for inferred prejudice and that, without bad faith, the Crown did not need to explain pre-charge delay within the statutory limitation period.

O.T.F. v. Ontario (Attorney General)

Collective Bargaining Rights: Exclusion of Principals from Teachers' Bargaining Units

A case addressing whether the exclusion of principals and vice-principals from teachers' bargaining units violates constitutional rights under the Canadian Charter of Rights and Freedoms, including freedom of association, expression, and equality rights. The court examined whether the exclusion was discriminatory or punitive and concluded that no violation of these rights occurred.

K. v. C.

Police Officer Disability Accommodation Case: Damages Awarded for Charter Breach

A wrongful dismissal case involving a police officer diagnosed with multiple sclerosis who requested 8-hour shifts but was denied. The court found that the Police Services Board failed to accommodate the officer's disability without undue hardship, upholding the duty to accommodate under the Police Services Act and Human Rights Code. Damages were awarded for the Charter breach.

Service Employees International Union, Local 204 v. Ontario (Attorney General)

Pay Equity Discrimination Case: Schedule J Declared Unconstitutional

A constitutional challenge to Schedule J of the Savings and Restructuring Act, 1996, which repealed the proxy method of pay equity and capped adjustments at 3% of payroll. The case examines whether this legislation discriminates against women in predominantly female workplaces under section 15(1) of the Charter and whether section 15(2) shields such legislation from challenges by members of the disadvantaged group it was designed to benefit.

F. v. Ontario (Attorney General)

Employment Equity Repeal and Section 15 Charter Violation

A case involving the repeal of the Employment Equity Act, 1993, and whether it violated section 15 of the Charter by creating a discriminatory environment. The courts ruled that the repeal did not violate the Charter as it restored the pre-existing legal framework.

S. v. Canada (Attorney General)

Unemployment Insurance Discrimination: Adoptive Parents Receive Fewer Benefits

A case addressing whether provisions of the Unemployment Insurance Act that provide unequal benefits to adoptive parents compared to biological parents violate section 15(1) of the Charter. The court found the discriminatory provisions not justified under section 1 of the Charter and issued a declaration of invalidity for the affected sections.

S. v. Wellington (County) Board of Education

Wrongful Dismissal and Charter Violations in Employment Context

A wrongful dismissal case where the plaintiff alleged violations of the Canadian Charter of Rights and Freedoms, sections 7 and 15, based on discrimination and procedural fairness. The defendant argued the court lacked jurisdiction due to the collective agreement's grievance procedures. The court ruled that civil courts retain jurisdiction over Charter claims even with a collective agreement in place.

R. v. St. Mary's Cement Corp.

OHS Prosecution: Charter Challenge to Justice of Peace

This is an interlocutory procedural ruling in a prosecution under the Occupational Health and Safety Act. The applicants, charged with workplace safety violations, sought Charter remedies to have their trial heard by a Provincial Court judge rather than a justice of the peace, arguing that justices lack the competence to adjudicate complex legal issues and that such trials violate sections 7 and 11(d) of the Charter. The court allowed the premature applications to proceed due to structural concerns but ultimately found no Charter breach and denied the requested remedy.