On December 17, 2009, CCLA will present arguments before the Supreme Court of Canada in Attorney General of Ontario v. Fraser et al.. The case concerns the legal protections, or lack thereof, available to Ontario agricultural workers in their exercise of freedom of association. CCLA will argue that the government must provide insular, discrete and marginalized minorities with meaningful protection of their freedom of association.
Work is a fundamental aspect of the lives of most Canadians, and bargaining in concert with others regarding working conditions is an essential element of the fabric of a free and democratic society as it enhances human dignity, equality and democratic participation in the workplace. The exclusion of a vulnerable group from a legislative regime designed to implement a constitutional right such as freedom of association amounts to an interference with the meaningful exercise of that right. In the absence of evidence that the alternative protection offered is at least as effective as the legislative regime offered to other less vulnerable groups in society, it constitutes a violation of that fundamental right.
To read CCLA’s factum before the Supreme Court click here.
