On April 29, 2011, the Supreme Court of Canada issued its long-awaited judgement in the case of Ontario (Attorney General) v. Fraser, 2011 SCC 20 (“Fraser“). In a decision that has surprised many, the Court found, by an 8-1 margin, that the Agricultural Employees’ Protection Act, 2002 (“AEPA“) is constitutional. Moreover, while the majority of…
Tag: Canadian Charter of Rights and Freedoms
Non-Construction Employer Declaration Provision in LRA Constitutional
On February 18, 2011, the Ontario Divisional Court held that the “non-construction employer” declaration provision in section 127.2 of the Ontario Labour Relations Act, 1995 (LRA) is constitutional and does not contravene the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (Charter). As a result, the Court…
Court of Appeal Recognizes Employee Privacy Rights in Work Computer Subject to Employer Policy and Procedure
One week ago, the Ontario Court of Appeal issued a judgement that is very significant for its consideration of an employee’s expectation of privacy in personal information stored on a work computer. In R. v. Cole, the Court recognized an expectation of privacy in the specific circumstances of the case, but also demonstrated a willingness…
Municipalities Exposed To Construction Collective Agreements
In a recent decision, the Ontario Labour Relations Board (OLRB) held that key non-construction employer provisions of the Ontario Labour Relations Act, 1995 (the Act) were unconstitutional. In this FTR Now, we discuss how the decision could have an impact on the ability of municipalities to tender construction work. BACKGROUND The construction industry labour relations…
Court of Appeal Considers Scope of Right to Collectively Bargain
In a decision released on November 17, 2008, the Ontario Court of Appeal considered the scope of the constitutional right of employees to collectively bargain. The Court found that, at a minimum, the right consists of: a statutory duty to bargain in good faith; statutory recognition of the principles of exclusivity and majoritarianism; and a…
Supreme Court Speaks on School Searches
On April 25th the Supreme Court of Canada issued a much anticipated decision concerning a sniffer dog search of a high school that led to drug related charges against a student. A 6-3 majority of the Court held that the police violated the student’s Charter right to be free from unreasonable search and seizure and…
Supreme Court Extends Constitutional Protection to Collective Bargaining Process
IN THIS ISSUE: Introduction The Factual Context: The Health and Social Services Delivery Improvement Act Collective Bargaining Protected by the Charter The Test for “Substantial Interference” The Majority’s Conclusions Justice Deschamps’ Partial Dissent Concluding Comments INTRODUCTION On June 8, 2007, the Supreme Court of Canada issued a ground-breaking decision in Health Services and Support –…