Labour rights hang on Supreme Court ruling in Fraser Canadian Lawyer Magazine
In 2002, the British Columbia government introduced the Health and Social Services Delivery Improvement Act in an effort to defuse a perceived health-care crisis through provisions that enable employers to cut costs and increase operational flexibility through contracting out, layoffs, bumping, and job security.
“The legislation invalidated agreement provisions that conflicted with its provisions, precluded the parties from contracting out of the statute, and enacted a provision whereby the act prevailed over negotiated collective agreements,” notes Armstrong.In its decision in Health Services and Support-Facilities Subsector Bargaining Assn. v. British Columbia, the Supreme Court struck down the act, ruling the legislation “substantially interferes” with the procedural right to collective bargaining it deemed to be guaranteed by s. 2(d). The decision in essence overturned the jurisprudence that had arisen from the so-called “labour trilogy” cases in 1987 that found that s. 2(d) did not include a right to collective bargaining.In his essay, “The Freedom of Association Mess: How We Got into It and How We Can Get out of It,” University of Toronto labour law professor Brian Langille acknowledges the importance of the Dunmore and Health Services rulings, though he doesn’t agree with the latter being “widely hailed as a step forward for workers’ freedom of association
Ontario Hydro Building-The Agreement on Internal Trade, New West Partnership Trade Agreement and Atlantic Procurement Agreement are intended to promote trade between provinces by reducing existing barriers. Learn how these agreements, along with other domestic and international trade agreements, have changed the municipal procurement landscape across Canada
Wednesday, June 29, 2011
There is a Provincial Election coming up.
Fraser decision “troubling” according to lead counsel for UFCW Canada at Canadian Foundation for Labour Rights Forum UFCW Canada - Canada’s Largest Private Sector Union
“The decision essentially said the AEPA is constitutional so if you don't like it go change the government and change the law, which is somewhat ironic because many agriculture workers are migrant and temporary foreign workers who do not have Canadian voting rights. That said, we have an Ontario election coming up and as trade unionists I can assure you that we will be using every tool available to us to make farm worker rights an important election issue."
The CFLR is a national voice devoted to promoting labour rights as an important means to strengthening democracy, equality and economic prosperity in Canada and internationally. One of the CFLR’s key objectives is to create a more cohesive and coordinated approach to the labour movement’s legal actions, along with creating greater public awareness and understanding of labour rights as a key critical component of human rights
“The decision essentially said the AEPA is constitutional so if you don't like it go change the government and change the law, which is somewhat ironic because many agriculture workers are migrant and temporary foreign workers who do not have Canadian voting rights. That said, we have an Ontario election coming up and as trade unionists I can assure you that we will be using every tool available to us to make farm worker rights an important election issue."
The CFLR is a national voice devoted to promoting labour rights as an important means to strengthening democracy, equality and economic prosperity in Canada and internationally. One of the CFLR’s key objectives is to create a more cohesive and coordinated approach to the labour movement’s legal actions, along with creating greater public awareness and understanding of labour rights as a key critical component of human rights
Fraser decision “troubling” according to lead counsel for UFCW Canada at Canadian Foundation for Labour Rights Forum || UFCW Canada - Canada’s Largest Private Sector Union
Fraser decision “troubling” according to lead counsel for UFCW Canada at Canadian Foundation for Labour Rights Forum UFCW Canada - Canada’s Largest Private Sector Union
The conclusion of the majority of Supreme Court of Canada justices on the Fraser decision is “troubling from a number of perspectives”, said Paul Cavalluzzo – lead counsel for the UFCW Canada in the case that was heard before the Supreme Court – during a labour law/human rights seminar recently held in Toronto.
The Supreme Court’s Fraser decision, which was released April 29, concerns the Agricultural Employees Protection Act (AEPA) which UFCW Canada challenged as unconstitutional for its denial of collective bargaining rights to farm workers in Ontario.
"The farm workers case unfortunately seems to have been lost in a larger political battle beyond their control,” added Cavalluzzo while speaking at The Labour Movement After Fraser seminar sponsored by the Canadian Foundation for Labour Rights (CFLR). The seminar, attended by some 30 prominent labour law academics, union-side labour lawyers and union leaders, was organized by CFLR to discuss the implications of the recent Supreme Court Fraser decision on the Canadian labour movement and strategize a road ahead. NUPGE and UFCW Canada are among the unions leading the CFLR.
The Supreme Court denied UFCW Canada’s claim with the majority of justices ruling that the AEPA is constitutional by implying the legislation provided a duty to bargain.
“Big business and governments used the farm workers case to argue the BC Health Services case had gone too
The conclusion of the majority of Supreme Court of Canada justices on the Fraser decision is “troubling from a number of perspectives”, said Paul Cavalluzzo – lead counsel for the UFCW Canada in the case that was heard before the Supreme Court – during a labour law/human rights seminar recently held in Toronto.
The Supreme Court’s Fraser decision, which was released April 29, concerns the Agricultural Employees Protection Act (AEPA) which UFCW Canada challenged as unconstitutional for its denial of collective bargaining rights to farm workers in Ontario.
"The farm workers case unfortunately seems to have been lost in a larger political battle beyond their control,” added Cavalluzzo while speaking at The Labour Movement After Fraser seminar sponsored by the Canadian Foundation for Labour Rights (CFLR). The seminar, attended by some 30 prominent labour law academics, union-side labour lawyers and union leaders, was organized by CFLR to discuss the implications of the recent Supreme Court Fraser decision on the Canadian labour movement and strategize a road ahead. NUPGE and UFCW Canada are among the unions leading the CFLR.
The Supreme Court denied UFCW Canada’s claim with the majority of justices ruling that the AEPA is constitutional by implying the legislation provided a duty to bargain.
“Big business and governments used the farm workers case to argue the BC Health Services case had gone too
Sunday, June 26, 2011
Top 20 Countdown Treaty Developments
Top 20 Countdown Canadian Government Procurement Treaty Developments
January 2011 Update By Paul Emanuelli
Canada and Asia
Canada and Singapore: Eighth round of negotiations took place August 2007.
Canada and South Korea: Negotiations began in July 2005. Thirteenth round of negotiations ended March 2008.
Canada and India: Negotiations launched November 2010.
Canada and Morocco
Meetings are held in Ottawa in June 2009.
Canadian public consultations are launched in October 2009.
Canada and the European Free Trade Association (EFTA)
Negotiations between Canada, Iceland, Liechtenstein, Norway and Switzerland finished on June 7, 2007. Implementation legislation came into effect on July 1, 2009. This treaty incorporates the rules from the World Trade Organization’s Agreement on Government Procurement.
Canada and the Central American Four (CA4)
Negotiations between Canada and Honduras, El Salvador, Guatemala and Nicaragua have been ongoing since 2001. Following a December 2010 round of negotiations, Canada is close to an agreement with Honduras. The status of negotiations with the other three countries remains unclear.
Canada and the Caribbean
After the European Union and the Caribbean sign a trade treaty in October 2008, Canada commenced negotiations with Antigua and Barbuda, The Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saint Lucia, St. Kitts and Nevis, St. Vincent and the Grenadines, Suriname, Trinidad and Tobago. The second round of discussions is concluded in Barbados in March 2010.
Canada and the United States On February 12, 2010, Canada and the United States signed The Canada-U.S. Agreement on Government Procurement which temporarily opened exempt Canadian provincial and territorial construction projects to U.S. bidders in exchange for exempting Canada from the Buy American provisions of U.S. federal stimulus spending. The parties commit to further talks to expand the GPA and NAFTA beyond the federal sectors.
Canada and the European Union
The fifth round of negotiations finished in November 2010. Two more negotiation rounds are scheduled for January 2011 in Ottawa and April 2011 in Brussels. Expanding open procurement is a major focal point as the parties have stated that a “successful negotiation will include explicit commitments from provincial and territorial governments.” Canada’s provinces and territories are participating in the trade talks.
Canada and Eastern Europe
Canada and Ukraine: The first round of negotiations took place in Kiev, Ukraine in May 2010.
Canada and Turkey: Meetings took place in Ottawa in February 2010 and in Ankara in October 2010. Canadian public consultations were launched in August 2010.
Canada and the Andean Countries
Discussions with the Andean countries began in 2002. Canada-Peru Free Trade Agreement implementation legislation received Royal Assent August 1, 2009. Canada-Columbia Free Trade Agreement implementation legislation received Royal Assent June 30, 2010. Canada-Panama Free Trade Agreement signed May 14, 2010. Discussions continue with Bolivia and Ecuador.
Canada and the Provinces and Territories
In October 2009 the federal, provincial and territorial governments entered into the Tenth Protocol of Amendment, which gave suppliers the right to launch their own panel-based challenges under Chapter 5 of the Agreement on Internal Trade. The amendment establishes penalties of up to $5 million for government-to-government disputes, but does not extend those
January 2011 Update By Paul Emanuelli
Canada and Asia
Canada and Singapore: Eighth round of negotiations took place August 2007.
Canada and South Korea: Negotiations began in July 2005. Thirteenth round of negotiations ended March 2008.
Canada and India: Negotiations launched November 2010.
Canada and Morocco
Meetings are held in Ottawa in June 2009.
Canadian public consultations are launched in October 2009.
Canada and the European Free Trade Association (EFTA)
Negotiations between Canada, Iceland, Liechtenstein, Norway and Switzerland finished on June 7, 2007. Implementation legislation came into effect on July 1, 2009. This treaty incorporates the rules from the World Trade Organization’s Agreement on Government Procurement.
Canada and the Central American Four (CA4)
Negotiations between Canada and Honduras, El Salvador, Guatemala and Nicaragua have been ongoing since 2001. Following a December 2010 round of negotiations, Canada is close to an agreement with Honduras. The status of negotiations with the other three countries remains unclear.
Canada and the Caribbean
After the European Union and the Caribbean sign a trade treaty in October 2008, Canada commenced negotiations with Antigua and Barbuda, The Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saint Lucia, St. Kitts and Nevis, St. Vincent and the Grenadines, Suriname, Trinidad and Tobago. The second round of discussions is concluded in Barbados in March 2010.
Canada and the United States On February 12, 2010, Canada and the United States signed The Canada-U.S. Agreement on Government Procurement which temporarily opened exempt Canadian provincial and territorial construction projects to U.S. bidders in exchange for exempting Canada from the Buy American provisions of U.S. federal stimulus spending. The parties commit to further talks to expand the GPA and NAFTA beyond the federal sectors.
Canada and the European Union
The fifth round of negotiations finished in November 2010. Two more negotiation rounds are scheduled for January 2011 in Ottawa and April 2011 in Brussels. Expanding open procurement is a major focal point as the parties have stated that a “successful negotiation will include explicit commitments from provincial and territorial governments.” Canada’s provinces and territories are participating in the trade talks.
Canada and Eastern Europe
Canada and Ukraine: The first round of negotiations took place in Kiev, Ukraine in May 2010.
Canada and Turkey: Meetings took place in Ottawa in February 2010 and in Ankara in October 2010. Canadian public consultations were launched in August 2010.
Canada and the Andean Countries
Discussions with the Andean countries began in 2002. Canada-Peru Free Trade Agreement implementation legislation received Royal Assent August 1, 2009. Canada-Columbia Free Trade Agreement implementation legislation received Royal Assent June 30, 2010. Canada-Panama Free Trade Agreement signed May 14, 2010. Discussions continue with Bolivia and Ecuador.
Canada and the Provinces and Territories
In October 2009 the federal, provincial and territorial governments entered into the Tenth Protocol of Amendment, which gave suppliers the right to launch their own panel-based challenges under Chapter 5 of the Agreement on Internal Trade. The amendment establishes penalties of up to $5 million for government-to-government disputes, but does not extend those
Trade Treaty Tsunami
New Compliance Challenges for Government Procurement:
Canada's steady current trade treaty activity,both internationally and domestically, has been a driving force behind the standardization and expansion of open, public procurement at all levels of government. This steady tide of treaty developments has recently become a tsunami-sized source of new governance requirements.
Canada's steady current trade treaty activity,both internationally and domestically, has been a driving force behind the standardization and expansion of open, public procurement at all levels of government. This steady tide of treaty developments has recently become a tsunami-sized source of new governance requirements.
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2010 Top 20( 116KB)
2010 Year in Review( 2715KB)
2010 Fall Summary( 720KB)
2010 Spring-Summer Summary( 1242KB)
2009 Year in Review( 2882KB)
2008 Year in Review( 2925KB)
2007 Year In Review( 2462KB)
2006 Year In Review( 1446KB)
Click here for Seminars and Webinars
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