United Food and Commercial Workers, Local 1518 v KMart Canada Ltd
| United Food and Commercial Workers, Local 1518 v KMart Canada Ltd | |
|---|---|
 | |
| Hearing: 15–16 February 1999 Judgment: 9 September 1999 | |
| Full case name | United Food and Commercial Workers, Local 1518 v KMart Canada Ltd and the Labour Relations Board of British Columbia |
| Citations | [1999] 2 SCR 1083 |
| Docket No. | 26209[1] |
| Court membership | |
| Chief Justice: Antonio Lamer Puisne Justices: Claire L'Heureux-Dubé, Charles Gonthier, Peter Cory, Beverley McLachlin, Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie | |
| Reasons given | |
| Unanimous reasons by | The Court |
| McLachlin and Bastarache did not participate in the final disposition of the judgment. | |
United Food and Commercial Workers, Local 1518 v KMart Canada Ltd, [1999] 2 SCR 1083 is a leading Supreme Court of Canada decision on freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms. The court struck down a provision in the Labour Relations Code of British Columbia, which prohibited strikers from distributing fliers outside of their primary picketing area.[2]
The court unanimously held that the provision, which was part of a prohibition on secondary picketing, clearly violated the freedom of expression. The violation could not be saved as the purpose of the prohibition, which was to limit the disruption of those who were not involved in the dispute, was not proportional to the prohibition.[3][4] Handing out leaflets is a traditional means for underfunded groups to get their message to the public and without it they would have no reasonable alternatives.[2]
In reversing this aspect of the laws against secondary picketing, the ruling represented a major shift in picketing practices[4] and part of a post-Charter trend in favour of labour.[5] It was also notable as the first time that the Supreme Court of Canada referred to the Internet in a decision.[3]
See also
[edit]References
[edit]- ^ SCC Case Information - Docket 26209 Supreme Court of Canada
- ^ a b United Food and Commercial Workers, Local 1518 v KMart Canada Ltd, [1999 2 S.C.R. 1083] (Supreme Court of Canada 9 September 1999).
- ^ a b Yap, James (9 September 2009). "Technically Beautiful? The SCC and the Internet Age". TheCourt.ca. Osgoode Hall Law School, York University.
- ^ a b Boal, Peter; Smith, Jordan (5 January 2016). "The Law of Leafleting and Picketing". LawNow. Centre for Public Legal Education (CPLEA).
- ^ Nagy, Peter (January 2003). "Labour Law – Picketing Neutral Parties: Where to Draw the Line – The Supreme Court of Canada & the Demise of Secondary Picketing". Fasken Martineau – via Researchgate.
External links
[edit]- Full text of Supreme Court of Canada decision at LexUM and CanLII
- case summary from mapleleafweb.com
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