This morning, the Supreme Court of Canada released its decision in Ontario (Attorney General) v. Fraser (“Fraser”) concerning the extent of the constitutional protection of collective bargaining for Ontario agricultural workers under section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter”).

The Supreme Court determined that the Ontario Court of Appeal’s decision in Fraser v. Ontario (Attorney General), 2008 ONCA 760 should be overturned on the basis that the Court of Appeal seriously overstated the scope of collective bargaining rights under section 2(d). As a result, the appeal brought by the Attorney General of Ontario, in which the Ontario Federation of Agriculture and numerous other organizations intervened, has been allowed and the Agricultural Employees Protection Act, 2002 (“AEPA”) has been found to satisfy constitutional requirements.

Fraser is clearly one of the most significant labour and constitutional decisions in Canadian history.

Please see full article below for more information.