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[365] Reviewing the consequences of the near-universality of extending bargaining rightsto Canadian agricultural workers, the 1992 Task Force concluded that the availability of the rightto bargain collectively in these provinces has not “had a significant negative impact on farmeconomics” (p. 3). This state of national affairs clearly does not preclude the government fromoffering a s. 1 justification unique to Ontario, but it has not, and perhaps realistically cannot,explain why Ontario’s farming interests are so different as to warrant a complete exclusion rather2011 SCC 20 (CanLII)than less intrusive means of achieving its objectives.[366] The agricultural sector undoubtedly faces significant economic challenges, but so domany others, in none of which are employees deprived of access to a process of collectivebargaining.[367] The government has therefore not justified why achieving protection for agriculturalviability and production requires so uniquely draconian a restriction on s. 2(d) rights. Thelimitation is, in fact, like its relationship to protecting family farms, not even remotely tailored tomeet the government’s objective in a less intrusive way. It is, in fact, not tailored at all. AsWinkler C.J.O. concluded:. . . the legislature made no attempt to engage in a line-drawing exercise . . . totailor a collective bargaining system that recognizes the challenges facing theagricultural sector. [para. 135][368] On the other hand, it bears repeating that the AEPA was designed before HealthServices was decided. The government could hardly be expected to tailor its legislation in
accordance with a bargaining regime it had neither a duty nor an intention to implement at thetime. Nonetheless, the fact is that Health Services intervened and changed the microscope underwhich the AEPA was scrutinized. And under the new lens, the complete absence of any statutoryprotection for a process of collective bargaining in the AEPA cannot be said to be minimallyimpairing of the s. 2(d) right.[369] I would therefore dismiss the appeal without costs.2011 SCC 20 (CanLII)
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CITATION: Brito v. Canac Kitchens,
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Page: 3a) What, if any, period of n
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Page: 5[18] Having regard for Canac
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CITATION: Chandran v. National Bank
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Page: 3against him by the employees
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Page: 5the employees who raised the
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Page: 7had no obligation under the
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Page: 9[37] Mr. Chandran’s last j
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Page: 11large number of unsolicited
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Page: 13disciplinary letter against
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Page: 15evidence of acrimony betwee
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Page: 17Toronto office. He admitted
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Page: 19increase in the quantum of
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Page: 21Weissach Motors and MCL Mot
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Page: 23“There can be no catalogu
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Page: 25[123] On the basis of the a
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QUEEN’S BENCH FOR SASKATCHEWANDat
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- 3 -meet his financial obligations
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- 5 -[11] On June 28, 2002, without
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- 7 -and a capital gain of $23,874.
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- 9 -may have delayed commencement
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- 11 -had purchased late in 2001 an
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- 13 -[34] Stated in another way, w
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- 15 -supervised by the plaintiff.
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- 17 -purchasing agent for a compan
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- 19 -sales, conducting retail sale
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- 21 -employment with Bennett Dunlo
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- 23 -[54] The issue was taken up b
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- 25 -59 ... Damages attributable t
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- 27 -not have any information rega
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- 29 -[66] Both Mr. Coppola and Mr.
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- 31 -expense accounts which contai
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- 33 -by the plaintiffs in the abov
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- 35 -Pre-judgment interest[76] Mr.
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- 37 -the six month notice period.
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SummaryFollowing concerns raised by
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2REASONS FOR DECISIONIntroduction[1
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4agreed statement) and also by test
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6e. that it was not his responsibil
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8Department of Labour. The firm adv
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10that “the buck stopped with me
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12without any knowledge of this and
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14[41] Various other cases, cited i
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16[49] There is nothing wrong with
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182 The foundation of this Act is t
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20(b) the co-operative auditing of
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- 2 -The Honourable Justice Turnbul
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- 2 -concluded that, while the mill
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- 4 -[6] The union’s position is
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- 6 -it must be reasonable; (3) it
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- 8 -the majority relied in part on
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- 10 -Taken with the low testing ra
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- 12 -should depart from those prec
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- 14 -IV.Issues - AnalysisA. Introd
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- 16 -distinguished any analogy bet
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- 18 -industry. The lead case appea
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- 20 -rather than a reactive, appro
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- 22 -employers of the burden of de
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- 24 -Canada, Local 0004, supra. Al
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- 26 -C. Summary Observations on th
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- 28 -hazardous materials to variou
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IN THE COURT OF QUEEN’S BENCH OF
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2assistance and remain employed. Ki
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4a) there is a strong prima facie c
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6discrimination. The letter also st
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8applicable guidelines. He was give
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10Correct Legal Test[15] Killam’s
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12position. However, because of the
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Page: 2FACTS[2] The respondent is a
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Page: 4REASONS OF THE APPLICATION J
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Page: 6trade, certain of such coven
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Page: 8[17] It is convenient to rep
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Page: 10duties for the Company or w
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Page: 12[30] Effectively, because t
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SUPREME COURT OF NOVA SCOTIACitatio
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Page: 341. In every proceeding comm
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Page: 5[8] There is ample case auth
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Page: 7some amount be awarded for p
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NOTE: This document is subject to e
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2011 SCC 20File No.: 32968.2009: De
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allowed the appeal and declared the
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established. There is no concrete e
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Section 5 of the AEPA, correctly in
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pursue, rather than protecting the
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expression under s. 2(b), so too sh
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Nor did invoking Charter values in
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Per Deschamps J.: The holding in He
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from the legislation was unequivoca
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KMart Canada Ltd., [1999] 2 S.C.R.
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By Abella J. (dissenting)Health Ser
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Adams, Roy J. “Prospects for Labo
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International Labour Organisation.
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Gaétan Migneault and Michelle Brun
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TABLE OF CONTENTSParagraphReasons o
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(b) Qualitative Differences Between
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yThe judgment of McLachlin C.J. and
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majority of this Court found a brea
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[10] The UFCW also attempted to bar
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[14] With respect to the particular
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employees from a collective bargain
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and to realize common purposes” (
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(b) Dunmore[26] This Court’s deci
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support discredited the organizing
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[34] Dunmore established that claim
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[38] The decision in Health Service
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[42] The Court in Health Services e
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impugned law or state action has th
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[51] In our view, the majority deci
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Indeed, the fact that Health Servic
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[64] Consistent with this framework
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must not depart from the context of
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ealize common purposes (emphasis ad
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LeBel J., written on behalf of a mi
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(ix) The Argument on Academic Criti
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given a generous and purposive inte
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trade unions should negotiate in go
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[101] Sections 5(6) and (7) are cri
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[107] These considerations lead us
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protections would be inappropriate
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3. Does s. 3(b.1) of the Labour Rel
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of s. 2(d) employers “must engage
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per Dickson C.J. in dissent; R. v.
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3. A prior decision that creates un
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[137] Professor Debra Parkes has su
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[140] In the case of Health Service
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[145] Third, the constitutionalizat
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“recognized that under most Canad
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constitutionalize collective bargai
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[159] In addition, the Court was ag
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or effect of a measure when determi
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. . . the state must not substantia
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[173] First, the collective bargain
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ight to bargain because employers a
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incapable of being performed by an
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(2) Section 2(d) Protects Freedoms
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[193] The Chief Justice and LeBel J
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as described in Health Services, it
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[204] Health Services rejected the
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associations must receive identical
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Health Services would in fact be co
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[217] In response to this argument,
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The question at stake in this appea
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constitutional law the particular f
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can, then we must seriously questio
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[235] The labour history offered in
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[241] It is true that there is a lo
Page 293 and 294: understanding of freedom of associa
Page 295 and 296: The voluntary nature of collective
Page 297 and 298: equirements it finds to the case be
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Page 301 and 302: takes time before the unworkability
Page 303 and 304: argain in good faith change these m
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Page 307 and 308: obligations, and Charter values —
Page 309 and 310: [279] Nonetheless, the Chief Justic
Page 311 and 312: [283] It is true, as my colleagues
Page 313 and 314: They base their view on a statement
Page 315 and 316: . . . the freedom to work for the e
Page 317 and 318: case at bar (2008 ONCA 760, 92 O.R.
Page 319 and 320: [302] As the majority in the instan
Page 321 and 322: [305] All that was required by the
Page 323 and 324: ound” by s. 2(d) seems to have be
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Page 327 and 328: cases in which the vulnerability of
Page 329 and 330: [323] The AEPA was enacted in 2002
Page 331 and 332: 10-1920; Donald D. Carter et al., L
Page 333 and 334: Agriculture and Food, the Honourabl
Page 335 and 336: activities of the “employees’ a
Page 337 and 338: [346] The reason for the protection
Page 339 and 340: [351] I acknowledge that different
Page 341 and 342: May 813, does “not differ in any
Page 343: argaining, including exclusivity, b
Page 347 and 348: 5. (1) The employer shall give an e
Page 349 and 350: Solicitor for the intervener the At
Page 351 and 352: CLIENT UPDATELABOUR & EMPLOYMENT LA
Page 369 and 370: SUPREME COURT OF NOVA SCOTIACitatio
Page 371 and 372: Page: 3failure to observe, perform
Page 373 and 374: Page: 5offences under the Immigrati
Page 375 and 376: Page: 7(5) Interest was payable on
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Page 379 and 380: Page: 11that the arbitration in que
Page 381 and 382: Page: 13[31] In Knox v. Conservativ
Page 383 and 384: Page: 15The Applicants should not b
Page 385 and 386: the court refuses to review the arb
Page 387 and 388: Page: 19(d) the composition of the
Page 389 and 390: Page: 21[49] The Applicant states t
Page 391 and 392: Page: 23[55] In addition, the Respo
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:" .. "Schedule AIN THE MATTER OF A
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., ....3OVERVIEWTheClaimant, Ms. Co
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....5The Companybegan business. Inc
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7Subsequently the Jennifer Allan bu
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9She was then given a letter dated
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· ,111. Ms. Cormier knowingly cont
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13Mr. Nordqvist testified that Ms.
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15Ms. Cormier decided to set up suc
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"17ofthat because of difficulties M
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,.19Ms. Carter was invited to a mee
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. .,'21I am also satisfied that the
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23call from Ms. Cormier that Revenu
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,. ."25There is also evidence that
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· . ,27Ms. Gallant did no scheduli
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. \. .. ~..29Ms. Cormier testified
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. '...31the files relating to some
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. ",.'933Ms. Cormier testified that
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...35environment including any lack
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.'37In the year 2000, there was ano
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..39identified anything that she wa
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" .' .,.\1.·....l -,1'.• ,~.,.".
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