Search
Better Farming OntarioBetter PorkBetter Farming Prairies

Better Farming Ontario Featured Articles

Better Farming Ontario magazine is published 11 times per year. After each edition is published, we share featured articles online.


Farm employer group 'delighted' by Supreme Court ruling

Friday, April 29, 2011

by SUSAN MANN

Ontario’s Agricultural Employees’ Protection Act is constitutional, the Supreme Court of Canada has ruled.

The decision, released Friday, elated a group that represents farm employers and disappointed the United Food and Commercial Workers Union Canada (UFCW), which argued for years the provincial Act was unconstitutional because it doesn’t require employers to bargain over wage and job conditions and lacks a mechanism to resolve labour disputes.

The Ontario Appeal Court ruled in favour of the union’s argument in November 2008. The province appealed that ruling to the Supreme Court, which heard arguments in December 2009.
 
“We’re officially delighted with the ruling,” says Ken Forth, chair of the agricultural industry’s Labour Issues Coordinating Committee of Friday’s decision.

One justice disagreed with the majority decision but Forth says that’s not a concern. “That’s always the case. That’s why they have nine judges. Eight-to-one is a pretty big win.”

“Farmer workers in Ontario are entitled to meaningful processes by which they can pursue workplace goals,” says Chief Justice Beverley McLachlin and Mr. Justice Louis LeBel in the 8-1 majority written decision posted on the Supreme Court’s website Friday morning. The right of an employees’ association to make representations to their employer and have their views considered in good faith is “a derivative right” under a portion of the Canadian Charter of Rights and Freedoms and is necessary to the meaningful exercise of the right to free association. The provincial Act, established in 2002, “provides a process that satisfies this constitutional requirement,” the majority of the justices say in the written decision.

The province isn’t required to provide a particular form of collective bargaining rights to agricultural workers “in order to secure the effective exercise of their association rights,” the justices wrote.

Madam Justice Rosalie Silberman Abella, the court’s sole dissenting voice, wrote that the Act doesn’t “protect and was never intended to protect collective bargaining rights.”

Stan Raper, spokesman for UFCW Canada, called the Supreme Court’s decision that Ontario’s Act met the freedom to associate portion of the Canadian Charter, “bad news.”

Madam Justice Abella was the only voice of reason, he says.

Sarah Petrevan, spokesperson for Ontario Agriculture Minister Carol Mitchell, says, the court has endorsed the Act and “so we value that decision.”

Raper says there’s nothing to stop the provincial government from changing the current law to one “that provides basic protection for farm workers.” He says the union will now focus on convincing the province to make the change.

The court has endorsed a portion of the union’s argument that collective bargaining rights were secured in Canada by a previous court decision in British Columbia involving public health workers, he adds. BF
 

Current Issue

June/July 2025

Better Farming Magazine

Farms.com Breaking News

Ontario farmers get boost for energy upgrades

Friday, July 11, 2025

The governments of Canada and Ontario are investing up to $3 million in the third round of the Agricultural Stewardship Initiative (ASI). This funding will help farmers improve the energy efficiency of their operations and support the long-term sustainability of the agriculture... Read this article online

Swede midge and cabbageworm found in Ontario canola

Thursday, July 10, 2025

As reported on the OMAFA website fieldcropnews.com, Ontario canola crops are at various growth stages, ranging from seedling to full bloom depending on planting time and region. Winter canola is now fully podded, and harvest is expected to begin soon in Essex and other southern... Read this article online

Ontario crops respond to summer heat

Wednesday, July 2, 2025

According to the OMAFA Field Crop News team, Ontario field crops are showing rapid development as summer-like temperatures have dominated late June early July. The warm spell has accelerated growth and helped reduce the heat unit deficit from a cool spring. Corn fields have seen a burst... Read this article online

BF logo

It's farming. And it's better.

 

a Farms.com Company

Subscriptions

Subscriber inquiries, change of address, or USA and international orders, please email: subscriptions@betterfarming.com or call 888-248-4893 x 281.


Article Ideas & Media Releases

Have a story idea or media release? If you want coverage of an ag issue, trend, or company news, please email us.

Follow us on Social Media

 

Sign up to a Farms.com Newsletter

 

DisclaimerPrivacy Policy2025 ©AgMedia Inc. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Back To Top