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Migration Jurisprudence from the South › Canada

Ontario (Attorney General) v. Fraser

Supreme Court of Canada · Canada · 2011-04-29 · National court

Citation: 2011 SCC 20
Type of case: Constitutional and human rights
Outcome: Decided against the migrant side

Question

Does the farm workers’ law that followed Dunmore, without collective bargaining rights, breach freedom of association?

What the court decided

No. The Act gave a process for good-faith consideration of workers’ representations, which was enough.

In plain language

After Dunmore, Ontario passed a law letting farm workers form associations but not bargain collectively like other workers. The Supreme Court upheld it.

Dalam bahasa sederhana

Setelah Dunmore, Ontario membuat UU yang membolehkan pekerja pertanian membentuk perkumpulan tetapi tidak berunding bersama seperti pekerja lain. MA mempertahankan UU itu.

Pertanyaan: Apakah UU pekerja pertanian pasca-Dunmore, tanpa hak berunding bersama, melanggar kebebasan berserikat?

What happened afterwards

  • 2011-04-29: Act upheld.

Sources

Open this decision in the interactive collection (compare, filter, Indonesian view, downloads).

Cite as: Institute for Migrant Rights (2026), Migration Jurisprudence from the South, version 0.1, https://theimr.org/court-decisions/d/ca-fraser-2011/. This page summarizes a court decision for research and advocacy; it is not legal advice.

For researchers

This collection of decisions is built for empirical legal scholarship and socio-legal research on migration and the rights of migrant workers, as well as for advocacy.

The coded variables support statistical analysis in law: cross-national comparison, regression and event-history designs, and law and economics questions such as how recruitment fees, wage protection and limits on changing employer affect migrant workers. The data can be downloaded for replication.

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