On December 17, the Supreme Court of Canada heard Fraser v. Ontario (Attorney General), 2008 ONCA 760 (“Fraser“), which tests the constitutional right to collective bargaining under the Charter‘s s. 2(d) freedom of association in the case of farm workers. Coming off of a recent Labour and Employment Law exam and having an affirmed interest [...]

Last Thursday, the SCC granted leave to appeal in Fraser v. Ontario (Attorney General) (32968). This case involves the appeal of an Ontario Court of Appeal decision (2008 ONCA 760) finding that a provincial law prohibiting the ability of agricultural workers to bargain collectively violates the workers’ s. 2(d) Charter right to freedom of association. [...]

At a time when York University and the University of Windsor have experienced disruptions due to labour disputes, it seems unusually timely that the Ontario Court of Appeal would deliver a resounding re-articulation of the right to collective bargaining as found in s. 2(d) of the Charter. On its face, the decision in Fraser v. [...]