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Retail, Wholesale and Department Store Union, Local 580 v Dolphin Delivery Ltd, [1986] 2 S.C.R. 573, is the seminal Canadian Charter of Rights and Freedoms decision that states that the Charter applies to governmental action, and to the common law except where matters are solely between private parties. Nevertheless, judges should interpret the common law in the light of the Charter.
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Retail, Wholesale and Department Store Union, Local 558 v Pepsi-Cola Canada Beverages (West) Ltd, 2002 SCC 8, is a leading Supreme Court of Canada decision on secondary picketing. The Court held that at common law, secondary picketing is legal so long as there is no criminal or tortious conduct.
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British Columbia Government Employees' Union v British Columbia (AG), [1988] 2 S.C.R. 214 is a leading Supreme Court of Canada decision on the right to picket as a freedom of expression under section 2(b) of Canadian Charter of Rights and Freedoms.
R v Andrews, [1990] 3 S.C.R. 870 is a decision of the Supreme Court of Canada on the freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms. It is a companion case to R v Keegstra. The Court upheld the criminal provision that prohibits communicating statements that wilfully promote hatred.
Lavoie v Canada, [2002] 1 SCR 769, 2002 SCC 23 is a leading decision of the Supreme Court of Canada on whether preference on basis of citizenship infringed equality guarantee under section 15(1) of the Canadian Charter of Rights and Freedoms. The Court found that the federal Public Service Employment Act (PSEA), which gave preference to citizens when referring to departments, was discriminatory. The violation was saved under section 1 of the Charter as a reasonable limitation on equality rights.
The passage of the Canadian Charter of Rights and Freedoms in 1982 allowed for the provision of challenging the constitutionality of laws governing prostitution law in Canada in addition to interpretative case law. Other legal proceedings have dealt with ultra vires issues. In 2013, three provisions of the current law were overturned by the Supreme Court of Canada, with a twelve-month stay of effect. In June 2014, the Government introduced amending legislation in response.
References
- 1 2 United Food and Commercial Workers, Local 1518 v KMart Canada Ltd, [1999 2 S.C.R. 1083](Supreme Court of Canada 9 September 1999).
- 1 2 Yap, James (9 September 2009). "Technically Beautiful? The SCC and the Internet Age". TheCourt.ca. Osgoode Hall Law School, York University.
- 1 2 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.
