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"[I]f they uphold the ruling — wow! By making minority unionism illegal, Canada would be completely offside with the international human rights consensus." — ROY J. ADAMS, UNIVERSITY OF SASKATCHEWAN COLLEGE OF LAW in general and freedom of association in particular." In essence, he argues the Supreme Court seems determined — but is ill- equipped — to rewrite Canada's labour code by choosing which employees do and do not have access to labour rights granted under s. 2(d). "This argu- ment," wrote York University labour and employment law professor David Doorey on his blog, "would require a fundamental rethinking of how courts have treated equality rights." Though the Supreme Court relied heavily on international law in Health Services, the Ontario Court of Appeal chose instead to rely on contemporary Canadian labour law. In its decision to overturn the AEPA, it gave the Ontario 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 ten 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 canadalawbook.ca For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business. CL1110 Prices subject to change without notice, to applicable taxes and shipping & handling. www. C ANADIAN Law ye rmag.com NO VEMBER / DECEMBER 2010 49 uretzky_CL_Feb_09.indd 1 10/19/10 8:26:39 AM government a year to introduce a legal regime for farm workers that embraced the familiar labour law principle of "majoritarian exclusivity," meaning that unions, in order to win bargaining rights, would have to first win the support of the majority of workers in a bargaining unit. And the court went even further by requiring that the legislation "eradicate the possibility of irreconcilable demands from multiple employee representatives, purporting to simultaneously represent employees in the same workplace with similar job functions." For Adams, that standard is "offen- sive" in regards to international human rights law, which he says recognizes the right of workers to organize and bargain through non-majority unions Canadian Employment Law 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. Also available on CD-ROM or Internet and in Employment Spectrum 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 your copy today! Looseleaf & binders (2) • $310 • Releases invoiced separately (3-4/yr) P/C 0439030000 • Vol. 1 ISBN 0-88804-218-3 • Vol. 2 ISBN 0-88804-362-7 CD-ROM or Internet version available separately • Prices start at $442 if they choose to do so. He says that's likely the reason the Supreme Court justices seemed divided at the hearing in Ottawa last December, which he attended. "They gave both sides lots of flack," says Adams. Since the judges appeared split on some fundamental issues, he thinks the vote will be close. "The most sensible route would be for the court to overthrow [the Ontario Court of Appeal] but let the Ontario government know that is has to effec- tively protect the rights of agricultural workers to bargain effectively," says Adams. "But if they uphold the ruling — wow! By making minority union- ism illegal, Canada would be com- pletely offside with the international human rights consensus." Stacey Reginald Ball