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: Labour Relations Act
Supreme Court of Canada Considers Scope of Collective Bargaining Rights
The Supreme Court of Canada has today issued its long-awaited judgment in Ontario (Attorney General) v. Fraser, 2011 SCC 20. By an 8-1 margin, the Court has found that the Agricultural Employees’ Protection Act, 2002 (AEPA) is constitutional. The case has its genesis in a challenge by Ontario farm workers to their exclusion from the…
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…
ECEs and Principals: “Unexpected Bargaining Challenges”
Fee Each participating Board will pay a fee of $225.00 plus $29.25 HST (13%), totalling $254.25, and may involve as many participants as it pleases. This fee will apply whether the Board participates in person, online or both. Who should attend: This Conference will be of interest to labour relations practitioners and supervisory officers responsible…
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…
School Boards 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 school boards’ ability to tender construction work. Background The construction industry labour relations regime…
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 –…