• Ontario (Attorney General) v. Fraser
  • May 19, 2011
  • Law Firm: Stewart McKelvey - Halifax Office
  • Employers, unions, governments and courts have grappled with the implications of the Supreme Court of Canada decision in Health Services, which extended the freedom of association granted in section 2(d) of the Charter to protect the process of meaningful collective bargaining. The Supreme Court of Canada considered the case for the first time in the very recent decision of Ontario (Attorney General) v. Fraser. The Supreme Court of Canada overturned the Ontario Court of Appeal decision and found the legislation governing agricultural workers in Ontario to be constitutional. Health Services has been left intact, but with a dispensing of some of the more outlandish expectations which it has generated within the labour movement, and emphasis on the “minimal’ nature of the right afforded.