In a landmark decision that narrows the constitutional right of workers to collectively bargain with their employer, the Supreme Court of Canada has ruled that there is no “one-size fits all” approach when it comes to implementing a system of labour relations.

In Ontario (Attorney General) v. Fraser (“Fraser”), the Court considered the constitutionality of the labour relations regime that applies to Ontario’s farm workers. The legislation in question provided farm workers with various labour relations rights including the right to join an employees’ association and the right to make representations to their employer concerning the terms and conditions of their employment. That said, the legislation did not include many of the other protections that have come to be associated with the traditional labour relations model in Canada.

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