LAW 529 Study Guide - Final Guide: Picketing, United Steelworkers, The Employer
Document Summary
Innocent third party: to avoid economic harm: picketing has an expressive and a physical component freedom of expression is important i. ii. Picketing used to be illegal all together however this pepsi-cola case changed that. Picketing is constitutionally protected as free speech (s. 2(b)) and could be limited only under s. 1 of the charter. A blanket prohibition on secondary picketing could not be justified. Preventing economic loss caused to third parties by secondary picketing would not be sufficient justification. All types of picketing are permitted unless it can be shown to be wrongful: 2. there is a civil wrong (e. g. , trespass); or there is criminal activity (e. g. , assault: the employer gets an injunction by making a motion to the superior court of. Justice requesting an injunction: must show : The applicant made reasonable efforts to get the police to stop the activity and the police were unable to control the activity;