Fraser decision: A ‘setback’ for trade unions — or not?

Commentators suggest effects of ruling may not be as dire for unions as first believed
By Danielle Harder
|Canadian Labour Reporter|Last Updated: 10/17/2011

Its been almost six months since the Supreme Court of Canada handed down its ruling in Ontario (Attorney General) v. Fraser, a case involving a constitutional challenge by farm workers around their exclusion from the province’s Labour Relations Act, and the debate continues about what the decision means for both employers and workers.

The SCC ruled in April that an Ontario law restricting the right of farm workers to bargain collectively is constitutional.

The Court said the province’s Agricultural Employees Protection Act (AEPA) provides them with a “meaningful” process to come together as a group to negotiate with employers, even if that process is not in the form of collective bargaining.