The Law of Work
  • Home
  • About
  • Professor David Doorey
  • Osgoode Hall LLM
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
  • Home
  • About
  • Professor David Doorey
  • Osgoode Hall LLM
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
The Law of Work
Law of Work Archive

Real Pleadings: Fraser v. Ontario (the agricultural workers' Charter Challenge)

by David Doorey July 25, 2008
written by David Doorey July 25, 2008

Here’s another installment of “Real Life Pleadings”.  This time, the Court of Appeal case involving Fraser v. Ontario.
In May, we noted that the arguments had been made in the Court of Appeal in the case of Fraser v. Ontario. That is the case in which the UFCW challenged Ontario legislation that gives agricultural workers lesser rights to collective bargaining than most other employees as a violation of the Sections 2(d) [freedom of association] and 15 [equality] of the Charter (see my earlier entry on this case).  The union lost the argument in the lower court, but that was before the Supreme Court of Canada decision in Health Services, where the Court ruled that S. 2(d) protects a right to collective bargaining.  We still await the decision of the Court of Appeal.
In the Ontario Court of Appeal, the three parties (Fraser & the UFCW, Ontario, and the intervenor, Ontario Federation of Agriculture) revised their arguments to account for the possible impact of the Health Services decision.   So, we await with anticipation the Court’s ruling on the issue of whether Ontario can continue to grant agricultural workers less protections to engage in collective bargaining than other employees.
As the UFCW’s factum points out (at the very end), only Ontario and Alberta exclude agricultural workers from the regular labour relations regime.   Read the Ontario government’s arguments justifying the differential treatment of these workers.  What do you think of a government policy that excludes from labour law protections one of the most least advantaged groups of workers?
Here are the very interesting (albeit, unusually long) facta from the Court of Appeal case, provided to Doorey’s Workplace Law Blog by legal counsel in the case.  We will review the decision as soon as it comes:
ufcw-fraser-factum  (thanks Fay Faraday, from Cavalluzzo Hayes)
fraser-intervenor-factum (thanks John Craig and Jodi Gallagher (Heenan Blaikie)
fraser-ontario-factum (thanks Robin Basu)

0 comment
0
FacebookTwitterLinkedinEmail
David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

Leave a Comment Cancel Reply

You must be logged in to post a comment.

previous post
Wronko v. Western Inventory: When can an employer amend the terms of an employment contract?
next post
Adieu, France's 35 hour work week…

You may also like

This Blog Entry is About the Lunacy of...

July 21, 2019

A Cross Country Update on the Card-Check versus...

October 3, 2018

The Folly of Not Voting to Strike in...

September 16, 2018

Unifor Posts Photos of Replacement Workers as Gander...

September 10, 2018

A Wrongful Dismissal Case and the Absence of...

August 29, 2018

China Said to Quickly Withdraw Approval for New...

August 27, 2018

The Latest Hot E-Commerce Idea in China: The...

August 27, 2018

The Trump Administration Just Did Something Unambiguously Good...

August 27, 2018

Unstable Situations Require Police In Riot Gear Face...

August 27, 2018

Trump’s War on the Justice System Threatens to...

August 27, 2018

Subscribe via Email

Enter your email address to subscribe and receive notifications of new posts by email.

Join 338 other subscribers

Follow Us On Social Media

Twitter

Latest Tweets

David J. Doorey🇨🇦Follow

Law Prof. Talking #labor & #employment #law #Gig to the masses. Alpaca ❤️ @YorkUniversity @OsgoodeNews @LSELaw @LWPHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

David J. Doorey🇨🇦
Retweet on TwitterDavid J. Doorey🇨🇦 Retweeted
AnthonyForsyt10Anthony Forsyth@AnthonyForsyt10·
3h

If you missed my ⁦@RMIT⁩ lecture on Tuesday here is the text with a recording to follow … Legislating to Rebuild Worker Power: The Industrial Relations Reforms We Need from the Albanese Labor Government - Labour Law Down Under ⁦⁦@RMITCoBL⁩ https://labourlawdownunder.com.au/?p=1042

Reply on Twitter 1560086376703750144Retweet on Twitter 15600863767037501444Like on Twitter 156008637670375014412Twitter 1560086376703750144
TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
7h

Old law school friend now works as a lawyer in the Office of the JAG. She is doing basic training, getting crazy fit. I wasn’t aware these lawyers must basically go thru basic training.

Imagine if there was a fitness test for labour and employment lawyers?

Reply on Twitter 1560028418015522817Retweet on Twitter 1560028418015522817Like on Twitter 15600284180155228178Twitter 1560028418015522817
TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
8h

You’ve seen this article?

Adrienne Cuoto, ‘Clothing Exotic Dancers with Collective Bargaining Rights’, 2006 38-1 Ottawa Law Review 37, 2006 CanLIIDocs 63, <https://canlii.ca/t/2913>

ryan white@ryandwhite12

One of my COVID projects has been working on a history of the Canadian Association of Burlesque Entertainers, the only case I am aware of in which dancers sought unionization in Canada - so I will be watching this carefully (it is rare and exciting) https://twitter.com/grimkim/status/1559995539999031297

Reply on Twitter 1560023264759615499Retweet on Twitter 15600232647596154991Like on Twitter 1560023264759615499Twitter 1560023264759615499
Load More...

Categories

  • Alberta
  • Artificial Intelligence
  • Australia
  • British Columbia
  • Charter of Rights and Freedoms
  • Childcare
  • Class Action
  • Climate and Just Transition
  • Collective Bargaining
  • Common Law of Employment
  • Comparative Work Law
  • competition law
  • construction
  • COVID-19
  • Diversity
  • Employee Classification
  • Employment Insurance
  • Employment Regulation
  • Europe
  • Financial Industry
  • Fissured Work
  • Freedom of Association
  • frustration of contract
  • Gig Work
  • Health and Safety
  • Health Care
  • Human Rights
  • Immigration
  • Interest Arbitration
  • International Law
  • Labour Arbitration
  • Labour Economics
  • Law of Work Archive
  • Legal Profession
  • Manitoba
  • Migrant Workers
  • Minimum Wage
  • Nova Scotia
  • OLRB
  • Ontario
  • Pension Bankruptcy
  • Privacy
  • Public Sector
  • Quebec
  • Real Life Pleadings
  • Saskatchewan
  • Scholarship
  • Sports Labour
  • Strikes and Lockouts
  • Student Post
  • Supreme Court of Canada
  • technology
  • Transnational Law
  • Uncategorized
  • Unions and Collective Bargaining
  • United States
  • Videos
  • Women and Work
  • Wrongful Dismissal
  • Home
  • About
  • Guest Contributors
Menu
  • Home
  • About
  • Guest Contributors
  • Legal Scholarship
  • Useful Links
  • Archive
Menu
  • Legal Scholarship
  • Useful Links
  • Archive

2020. Canadian Law of Work Forum. All Rights Reserved.