UFCW v. MedReleaf

Labour relations on Ontario farms is governed by the Agricultural Employees Protection Act (AEPA), a statute that provides agricultural workers with the right to organize collectively and make representations to their employer on working terms and conditions. In 2011, the Supreme Court of Canada rejected a constitutional challenge to the AEPA and found that the statute satisfied the freedom of association requirements of section 2(d) of the Charter (Ontario v. Fraser, 2011 SCC 20). The trade union that brought the Fraser case commenced a new constitutional challenge to the AEPA, which is being heard by the Agriculture, Food and Rural Affairs Appeal Tribunal (AFRAAT). The hearing began in October 2019. John Craig (lead counsel) and Tala Khoury are acting for the Labour Issues Coordinating Committee (LICC), the leading organization representing farm employers in Ontario. The LICC was granted party status in the case in order to support the constitutionality of the AEPA. A decision is expected in 2020.