View cases - Stewart McKelvey

argaining, including exclusivity, but prohibited work stoppages (ss. 3, 10 and 11). The inherentcompromise in that legislation is reflected in its preamble:It is in the public interest to extend collective bargaining rights to employees andemployers in the agriculture and horticulture industries.However, the agriculture and horticulture industries have certain uniquecharacteristics that must be considered in extending those rights. Those uniquecharacteristics include seasonal production, climate sensitivity, time sensitivity, andperishable nature of agriculture and horticulture products, and the need formaintenance of continuous processes to ensure the care and survival of animal andplant life.2011 SCC 20 (CanLII)[363] The ALRA was repealed in 1995 (c. 1, s. 80). Thereafter agricultural workers wereleft only with their pre-existing exclusion from the Ontario Labour Relations Act, 1995, creatingthe spark that ignited Dunmore.[364] And since s. 1 of the Charter directs us to compare how other democraticgovernments limit a particular right, it is also helpful to look at how other Canadian jurisdictionsdeal with agricultural workplaces. Except in Alberta, agricultural workers in every provincehave the same collective bargaining rights as other employees, including exclusivity (LabourRelations Code, R.S.B.C. 1996, c. 244, s. 1; The Trade Union Act, R.S.S. 1978, c. T-17, s. 2; TheLabour Relations Act, R.S.M. 1987, c. L10, s. 1; Labour Code (Que.), s. 21; Industrial RelationsAct (N.B.), s. 1(5)(a); Trade Union Act, R.S.N.S. 1989, c. 475, s. 2(1); Labour Act, R.S.P.E.I.1988, c. L-1, s. 7; Labour Relations Act, R.S.N.L. 1990, c. L-1, s. 2(1); Labour Relations Code,R.S.A. 2000, c. L-1, s. 4(2)(e)).