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employees from a collective bargaining scheme is not adequately tailored to meet the objectiveof protecting the family farm” (para. 129).[16] The Court of Appeal ordered the government “to provide agricultural workers withsufficient protections to enable them to exercise their right to bargain collectively, in accordancewith these reasons” (para. 138). It suspended this order for 12 months to give the Legislature anopportunity to respond. The Court of Appeal dismissed the claim under s. 15 of the Charter. Its2011 SCC 20 (CanLII)judgment was appealed to this Court.IV. AnalysisA. Issues: Does the AEPA Violate Sections 2(d) and 15 of the Charter?[17] The issue is whether the failure of the Ontario government to enact a positivestatutory framework for agricultural workers modelled after the Ontario Labour Relations Actviolates s. 2(d) of the Charter in a manner that cannot be justified by s. 1. If so, the AEPA isinvalid under s. 52 of the Constitution Act, 1982, and the Ontario legislature is obliged to bringthe Act into harmony with the Charter. The respondents have also raised the issue of whether theAEPA violates their right to equality under s. 15 of the Charter. As the main question in thisappeal remains the interpretation and application of s. 2(d), we will first consider this issue andthen turn to s. 15.B. Freedom of Association (Section 2(d))