Province appeals court decision about ag labour law

Tuesday, January 13, 2009

© Copyright AgMedia Inc

by SUSAN MANN

Farmers’ expectations were met after Ontario’s government announced Monday it will seek leave at the Supreme Court of Canada to appeal a court decision striking down the province’s Agricultural Employees Protection Act.

“We’re happy with their decision,” says Ken Forth, chair of the agricultural industry’s Labour Issues Coordinating Committee.

Forth notes the Committee encouraged the government to appeal the Nov. 17 Ontario Court of Appeal decision. The Court’s three justices concluded that Ontario’s law significantly impairs the capacity of farm workers to meaningfully exercise their right to bargain collectively.

The United Food and Commercial Workers Union (UFCW) Canada appealed Ontario’s law to the Court of Appeal while Ontario’s Ministry of the Attorney General defended it.

UFCW Canada argued Ontario’s law violates the rights of the province’s farm workers under Canada’s Charter of Rights and Freedoms. The provincial government’s decision to appeal the Nov. 17 ruling “is cynical politics played out on the backs of these workers to protect the privileges and special interests of the agriculture lobby,” UFCW Canada president Wayne Hanley says in a press release.

UFCW spokesman Stan Raper says he was expecting the government to appeal the Appeal Court’s decision but he’ll be in shock if the Supreme Court decides to hear the case. That court should make it s decision to hear the case or not in about two months.

There have been five court cases during the past 15 years on this matter. Forth says the Nov. 17 was the first one the farming industry lost. BF