B.C. health care workers' Supreme Court win benefits Ontario farm workers

Farm workers across the province are celebrating the fruits of a major legal victory after the Ontario Court of Appeal ruled they have the right to unionize.

In a 3-0 decision yesterday, the court said the Agricultural Employees Protection Act, which prevents farm workers from collective bargaining, "substantially" impairs their right to freedom of association under the Charter of Rights and Freedoms.

Two years ago, an Ontario Superior Court judge dismissed the union's claim that the legislation violated farm workers' constitutional right to form associations. Justice James Farley said a union isn't the only way workers can band together and voice concerns.

Since then, however, the Supreme Court of Canada handed down a decision that kept the balance in the union's favour.

In its decision last June, the Supreme Court said the British Columbia government had violated the Charter rights of hospital workers by passing laws that undid portions of their contract, an interference with the collective bargaining process.

In doing so, the court effectively ruled that collective bargaining is a constitutionally protected right.