The appellants challenged the constitutionality of the Agricultural Employees Protection Act, 2002, arguing it violated their rights under sections 2(d) and 15 of the Charter by excluding agricultural workers from the Labour Relations Act and failing to provide statutory protections for collective bargaining.
The Court of Appeal held that the Act violates section 2(d) by substantially impairing the ability of agricultural workers to engage in meaningful collective bargaining, as it lacks a duty to bargain in good faith, recognition of majoritarian exclusivity, and dispute resolution mechanisms.
The court dismissed the section 15 claim, finding no discrimination on an analogous ground.
The section 2(d) violation was not saved under section 1, as the wholesale exclusion of agricultural workers was not rationally connected to the objective of protecting the family farm and did not minimally impair the right.
The Act was declared invalid, with the declaration suspended for 12 months.
