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LEGAL REPORT/LABOUR & EMPLOYMENT has ruled on many of these cases for a decade and a half as a judge and was a labour lawyer for decades before that. In Fraser though, Winkler and the Supreme Court saw things differ- ently, even though the Ontario court had used the SCC's own Health Services decision as part of its decision. It could be the climate has shifted since 2008. "The court was very nervous about intervening in labour relations again," says Barrett, adding there is a perceived need to stop pushing protec- tions for collective bargaining rights. "But it is a temporary break." Paul Cavalluzzo, who was lead counsel for the United Food and Commercial Workers union in Fraser, says the court's decision was a major setback for rights the labour move- ment had won in other cases like Health Services. The senior partner at Cavalluzzo Hayes Shilton McIntyre & Cornish LLP calls the decision an example of judicial activism, because Let us open right door for you the We specialize in Employment and Labour Law in Canada Kuretzky Vassos Henderson is a leading employment and labour law fi rm situated in the heart of Toronto. We are comprised of eleven lawyers, all of whom specialize in the area of employment and labour law. We act for many prominent public and private sector employers as well as for individuals. Kuretzky Vassos Henderson LLP Our work includes extensive experience in the areas of: Wrongful dismissal • Human rights • Labour relations/Labour law/Collective barganing • Workplace health and safety • Sexual harassment • Employment standards • Employment contracts • Canada Labour Code • Class actions • Mediation/arbitration/ADR www.kuretzkyvassos.com • 416.865.0504 52 A U GUST 2011 www. CANADIAN Lawyermag.com uretzky_CL_May_11.indd 1 4/14/11 10:32:23 AM ntitled-3 1 7/13/11 4:01:40 PM it upheld a law that had clear intent to curtail the extent of collective bargain- ing rights agriculture workers would have. He says he was disappointed "the court would go to such an extreme length in refusing to deal with such leg- islation." He was speaking at a workshop organized by the Centre for Law in the Contemporary Workplace at Queen's University, one of a series of debates sparked by the Fraser decision. Roy Adams, a professor emeritus of industrial relations at McMaster University in Hamilton, Ont., says The full Supreme Court of Canada deci- sion in can be read at and at internationally, freedom of association is tied to collective bargaining, and Canada should follow that example. "Under international law, the govern- ment has the obligation to promote col- lective bargaining," says Adams. "Not that accepts it, not that tolerates it, but promotes it." Adams sees collective bargaining rights as human rights, and adds Canada is treaty-bound to see these rights the same way, because it is a member of the International Labour Organization. For the future of unions in Canada, Fraser could be interpreted in two ways: either it signals a major shift in collec- tive bargaining rights, or the decision should be seen in the limited scope of the group for which it was decided, say legal scholars in the debate. Finding out which option is true might take some more time, as there will likely be other cases on this issue in the future. There are currently five related court challenges in process across Canada, CANADIAN EMPLOYMENT LAW STACEY REGINALD BALL MORE THAN 5,800 CASES CITED Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada and is used in law schools throughout Canada. ORDER # 804218-62303 $319 2 volume looseleaf supplemental book 3 supplements per year Supplements invoiced separately 0-88804-218-3 CD-ROM or Internet version available separately Prices start at $451 AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.canadalawbook.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. CANADA LAW BOOK® Ontario F r aser (A tt scorne c.le c20.html ssn. Support en/2011/2011sc C Health Subsect Servic F British v. acilities y xum.org/ - c20/2011sc Gener al) v. es Bargc.le or sc and ainin en/2007/2007sc olumbia g c27/2007sc xum.org/ A c27.html.