Labour Studies Index

Updated: 2022-05-16

The Fraser Case: A Wrong Turn in a Fog of Judicial Deference

Document type Book chapter
Series Editor Fudge, Judy
Editor Fudge, Judy
Series Editor Tucker, Eric
Editor Tucker, Eric
Series Editor Faraday, Fay
Editor Faraday, Fay
Author Cavalluzzo, Paul J.J.
Book Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case
Publisher Irwin Law; Toronto
Date 2012
ISBN 9781552212912
Pages 155-189


The author, who was the farm workers' legal representative before the Supreme Court in the Fraser case, provides historical background and analyzes the court's decision, including its reliance on judicial deference to the legislature. Concludes that the court was preoccupied with the larger political battle rather than the constitutional merits of the case.


Abstract by Desmond Maley.