Toronto – March 4, 2022 – UFCW Canada is disappointed with today’s ruling from the Ontario Court of Appeal dismissing our union’s appeal to afford cannabis production workers the right to unionize.

The case began when UFCW Canada Local 1006A filed a certification application to represent workers at MedReleaf – now owned by Aurora Cannabis – in the first-ever attempt to unionize cannabis production workers in Canada.

As part of the organizing campaign, an application for certification was filed with the Ontario Labour Relations Board. The Board concluded that that the cannabis production workers were “agricultural” workers and were therefore excluded from the Ontario Labour Relations Act. This meant that they were denied the right to unionize with the benefits and protections of the Act.

UFCW 1006A, together with the UFCW Canada National Office, then filed an application with the Agricultural, Food and Rural Affairs Tribunal. The Tribunal oversees the so-called right to organize of agricultural workers. The application included a claim that denying the rights of agricultural workers to unionize was a violation of their rights under the Canadian Charter of Rights and Freedoms. The Tribunal concluded that there was no violation of the Charter. 

Contesting the injustice of this decision, the UFCW filed an application with the Ontario Divisional Court for a review of the decision. The case was heard and dismissed last year. The UFCW then requested leave to appeal to the Ontario Court of Appeal, which has now denied the request to appeal.

“As the voice of cannabis workers, we are very disappointed by today’s decision,” says Paul Meinema, the national president of UFCW Canada. “The fact remains that the provincial government has the power to fix this situation now. Instead, they are content to allow the expansion of a system that turns a blind eye to the shameful exploitation of migrants and other vulnerable worker populations.”  

“Denying cannabis workers the same fundamental labour rights that most other workers enjoy is morally objectionable, and we are extremely disappointed with the Court of Appeal’s decision on this issue,” says Wayne Hanley, president of UFCW Local 1006A. “In provinces like British Columbia, UFCW Canada has successfully organized cannabis production workers, but these workers are denied the basic right to organize in Ontario.”

“We believe that all cannabis workers – from growing to processing to retail – should have the ability to join a union, and we will continue fighting to ensure that Ontario’s cannabis production workers are granted this fundamental right,” Hanley adds.

As the union for cannabis workers, UFCW represents thousands of members in the cannabis sector across Canada and the United States. To read more about our union’s presence in the cannabis industry, visit UFCW Canada’s Conscious Cannabis website.