THE DUNMORE DEPARTURE: SECTION 1 AND VULNERABLE GROUPS

Caroline Libman

Abstract


In the recent decision Dunmore v. Ontario (A.G.),1 the Supreme Court of Canada held that the complete exclusion of agricultural workers from Ontario’s Labour Relations Act2 was a violation of section 2(d) of the Charter3 that could not be justified under section 1. Dunmore was a novel case; as Bastarache J. noted in the introduction to the majority decision, it represented “the first time” the Court had been called on to review “the total exclusion of an occupational group from a statutory labour relations regime, where that group is not employed by the government and has demonstrated no independent ability to organize.”


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