Eric Tucker

The United Food and Commercial Workers International Union (UFCW) brought a Charter challenge alleging that Sections 2(1) and 5 of the Agricultural Employees Protection Act (AEPA) violated the freedom of association rights of agricultural workers at a medical marijuana facility under Section 2(d) of the Charter.

The Tribunal found that the AEPA provides a meaningful process of collective bargaining, including employee choice, independence, and a duty of good faith.

The Tribunal concluded that the absence of a statutory right to strike or a Wagner Act model of collective bargaining did not render the AEPA unconstitutional.

The Charter challenge was dismissed.

The Attorney General moved to strike portions of the UFCW's affidavit evidence-in-chief on the first day of a constitutional challenge hearing before the Agriculture, Food and Rural Affairs Appeal Tribunal.

The Tribunal dismissed the motion, finding it was brought too late and would disrupt the hearing schedule.

The Tribunal also noted its broad discretion under section 15 of the Statutory Powers Procedure Act to admit evidence that might be inadmissible in a court of law, leaving issues of reliability and weight for later determination.