Dunmore v Ontario (AG)

Supreme court of Canada in summer

Dunmore v Ontario (AG) [2001] 3 S.C.R. 1016 is a landmark decision by the Supreme Court of Canada on the right to freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms. This case specifically addressed the exclusion of agricultural workers from the Labour Relations Act, 1995, S.O. 1995, c. 1, Schedule A, which effectively denied them the right to collective bargaining.

Background

The appellant, Brian Dunmore, was an agricultural worker in Ontario who sought to challenge the constitutional validity of the exclusion of agricultural workers from the Labour Relations Act, 1995. Dunmore and other agricultural workers argued that this exclusion violated their right to freedom of association as guaranteed by section 2(d) of the Canadian Charter of Rights and Freedoms. The Ontario government defended the legislation, arguing that agricultural workers were excluded from the Act due to the unique nature of agriculture, including its seasonal peaks and the close relationship between workers and employers.

Judgment of the Court

The Supreme Court of Canada, in a decision written by Justice Bastarache, held that the exclusion of agricultural workers from the Labour Relations Act, 1995, infringed upon their right to freedom of association as protected by section 2(d) of the Charter. The Court found that the freedom of association includes a procedural right to collective bargaining. The exclusion of agricultural workers from the Act deprived them of the ability to engage in collective bargaining, thereby infringing their freedom of association.

The Court applied the Oakes test to determine whether the infringement could be justified under section 1 of the Charter. The government failed to demonstrate that the exclusion of agricultural workers from the Act was a reasonable limit on their rights that could be demonstrably justified in a free and democratic society. As a result, the exclusion was found to be unconstitutional.

Significance

Dunmore v Ontario (AG) is significant for several reasons. Firstly, it expanded the interpretation of the right to freedom of association under the Charter to include a procedural right to collective bargaining. This interpretation opened the door for other marginalized workers to challenge exclusions from labour relations legislation. Secondly, the decision underscored the importance of the Charter in protecting the rights of workers and promoting social justice. Finally, the case led to legislative changes in Ontario, with the government enacting the Agricultural Employees Protection Act, 2002, which provided agricultural workers with some collective bargaining rights, although not to the extent provided under the Labour Relations Act.

Aftermath

Following the Supreme Court's decision, the Ontario government passed the Agricultural Employees Protection Act, 2002, S.O. 2002, c. 16, which aimed to provide agricultural workers with a means to engage in collective bargaining. However, the Act has been criticized for not providing the same level of protection and rights as the Labour Relations Act, 1995. The legacy of Dunmore v Ontario (AG) continues to influence debates on labour rights and the scope of freedom of association in Canada.