Translations of Quebec cases
Travailleurs et travailleuses unis de l'alimentation et du commerce, c. Johanne L'Écuyer & Pierre Locas et Procureur général du Québec, Quebec Labour Relations Commission, April 16, 2010
Important decision for Farm Workers in Quebec - This decision rendered by the Quebec Labour Relations Commission declares that the provision of the Quebec Labour Code limiting the right to unionize in the farming sector is in violation of the right to freedom of association in the Canadian and Quebec Charters.
This decision is the culmination of many years of efforts by our clients, UFCW, to organize migrant farm workers in Quebec and elsewhere in Canada. In Quebec, the unionization of migrant farm workers was virtually impossible in farms that did not operate year-round with at least 3 employees or more, by reason of this provision.
The Board follows up on the principles set forth by the Supreme Court in Health Services and Support - Facilities Subsector Bargaining Assn. c. Colombie-Britannique, 2007 SCC 27, [2007] 2 S.C.R. 391 as well as subsequent decisions in stating that freedom of association is not just a theoretical right to join an association, but also includes the right to to form a union in order to exert a real influence on the work conditions and benefit from a concrete negotiation process.
The decision is currently available only in French at this time. We are hoping to be able to provide a summary in English in due course.
Confederation des syndicats nationaux v Attorney General of Quebec, The Honourable Claudine Roy, J.S.C., November 30, 2007
This decision was rendered by the Quebec Superior Court on freedom of association with regards to the forced reorganization of bargaining units in the Quebec public sector.
Confederation des syndicats nationaux v Attorney General of Quebec, Quebec Superior Court, The Honourable Danielle Grenier J.S.C., October 31, 2008
Confédération des syndicats nationaux v. Québec (Procureur général), Quebec Superior Court, Judge Claudine Roy, November 30, 2007