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accorded to workers in other sector ― If so, whether infringement justifiable ― CanadianCharter of Rights and Freedoms, ss. 1, 15 ― Agricultural Employees Protection Act, 2002, S.O.2002, c. 16 ― Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A, s. 3(b.1).In 2002, the Ontario legislature enacted the Agricultural Employees Protection Act,2002 (“AEPA”) which excluded farm workers from the Labour Relations Act (“LRA”), butcrafted a separate labour relations regime for farm workers. The AEPA was a response to2011 SCC 20 (CanLII)Dunmore v. Ontario (Attorney General), 2001 SCC 94, [2001] 3 S.C.R. 1016, which found thatthe previous legislative scheme violated s. 2(d) of the Canadian Charter of Rights and Freedomsand declared it constitutionally invalid. It grants farm workers the rights to form and join anemployees’ association, to participate in its activities, to assemble, to make representations totheir employers through their association on their terms and conditions of employment, and theright to be protected against interference, coercion and discrimination in the exercise of theirrights. The employer must give an association the opportunity to make representationsrespecting terms and conditions of employment, and it must listen to those representations orread them. The AEPA tasks a tribunal with hearing and deciding disputes about the applicationof the Act.After limited efforts to use the new protections under the AEPA, a constitutionalchallenge was mounted on the basis the Act infringed farm workers’ rights under ss. 2(d) and 15of the Charter by failing to provide effective protection for the right to organize and bargaincollectively and by excluding farm workers from the protections accorded to workers in othersectors. In 2006, the Ontario Superior Court dismissed the application. The Court of Appeal