The Fraser Decision: The Supreme Court of Canada Revisits Scope of Charter-Protected Collective Bargaining Rights

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…

Ontario Budget 2011 – Highlights for Employers

INTRODUCTION On March 29, 2011, the Honourable Dwight Duncan, Ontario’s Minister of Finance, tabled the government’s 2011 Budget, “Turning the Corner to a Better Tomorrow”, before the Legislature and simultaneously introduced omnibus legislation amending a variety of statutes to implement some of these initiatives through Bill 173, the Better Tomorrow for Ontario Act (Budget Measures),…

Responding to Disclosure Demands at the Bargaining Table: Employer Rights and Obligations

Many Social Services organizations will be negotiating for the renewal of their collective agreements in 2011. Some of our clients have advised us that they have received broad disclosure requests from unions well in advance of actual bargaining. These requests are very similar to requests a number of Social Services organizations received in early 2009….

School Board Update – Bill 242 Carried at Third Reading

On April 27, 2010, Bill 242 (the legislation associated with the Government’s Early Learning Program, or “ELP”) carried at Third Reading. It is expected to receive Royal Assent shortly, and will come into force on a date to be named by proclamation of the Lieutenant Governor. Bill 242 was considered by the Standing Committee on…

School Board Update – Bill 242, The Full Day Early Learning Statute Law Amendment Act: The Legal Framework for the Early Learning Program

In our January 12, 2010 School Board Client Update, we discussed the Early Learning Program (“ELP”), which is the government’s plan to implement full day early learning for four- and five-year-olds in Ontario. On February 17, 2010, the government introduced Bill 242, the Full-Day Early Learning Statute Law Amendment Act, 2010, which amends provisions of…