The applicant union sought judicial review of two decisions by the Agricultural, Food and Rural Affairs Appeal Tribunal.
The Tribunal had dismissed an unfair labour practice complaint against the employer and rejected a constitutional challenge alleging that the Agricultural Employees Protection Act, 2002 violates the freedom of association under s. 2(d) of the Charter by failing to provide a right to strike.
The Divisional Court dismissed the application, finding the Tribunal's decision on the unfair labour practice was reasonable and its conclusion on the constitutional issue was correct, as it was bound by the Supreme Court of Canada's decision in Fraser.
