Historic Break Through! Agricultural Workers Win the Right to Unionize in Ontario
November 17, 2008 FYI. the ODLC Ruling allows farm workers in Ontario to unionize
Last Updated: Monday, November 17, 2008 | 2:18 PM ET The Canadian Press Ontario’s top court has ruled that a provincial law meant to protect farm workers is unconstitutional because it infringes on their labour rights.
In a decision released Monday, the Ontario Court of Appeal declared the Agricultural Employees Protection Act invalid.
The decision orders the government to provide agricultural workers with sufficient protections so they can exercise their right to bargain collectively.
The court has given the Ontario government 12 months to find a way to protect the right of agricultural workers to engage in collective bargaining.
The act, which came into force on June 17, 2003, excludes agricultural workers from the Labour Relations Act but provides some protections for organizing.
The decision is in response to a challenge from workers at Rol-Land Farms Ltd., a mushroom farm in Kingsville, Ont., where attempts at collective bargaining were ignored.
© The Canadian Press, 2008
To: UFCW Canada Human Rights, Equity and Diversity List Serve:
I am ecstatic to share with you the landmark decision of the Ontario Court of Appeal concerning the right of Agricultural workers being allowed to collectively bargain. This case was brought forward by the UFCW Canada on behalf of Agricultural Workers in Ontario .
The Ontario Court of Appeal has told the Ontario government to drop its ban on farm unions because it violates the Charter rights of Ontario ’s more than 100,000 agriculture workers after decades of prohibiting agricultural workers from effectively participating in the provincial Labour Relations regime. The decision was release this morning.
Many of these agricultural workers are temporary foreign workers (TFWs) or workers who come to Ontario under the Federal Government’s Seasonal Agricultural Workers Program (SAWP) from countries such as Mexico , Jamaica , and Thailand .
Please forward widely across your networks.
In Solidarity/Solidairement,
Naveen P. Mehta, Lawyer/Avocat
Director, Human Rights, Equity and Diversity
Directeur, Droits de la personne, Équité et Diversité
United Food and Commercial Workers Canada /
Travailleurs et travailleuses unis de l’alimentation et du commerce Canada
300-61 International Boulevard, Toronto , Ontario , Canada, M9W 6K4
