BCGEU v. British Columbia
Encyclopedia
BCGEU v. British Columbia, [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
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arrived in the morning to see the staff picketing he went to his office and issued an order on his own motion prohibiting picket lines outside of courthouses in British Columbia.
The issues before the Supreme Court of Canada were:
The majority held that the judge could enjoin the picketers and that his order violated the freedom of expression under section 2(b) of the Charter, but was saved under section 1.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on the right to picket as a freedom of expression under section 2(b)
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
Background
In November 1983, the British Columbia Government Employees Union (BCGEU), of which the employees of the superior courts were members, went on strike. The staff of the British Columbia Supreme Court picketed outside of the court house and only let in a minimum number of people needed for urgent cases. When Chief Justice Allan McEachernAllan McEachern
Allan McEachern, BA, LL.B, LL.D was a Canadian lawyer, a judge, and a Chancellor of the University of British Columbia.-Career:...
arrived in the morning to see the staff picketing he went to his office and issued an order on his own motion prohibiting picket lines outside of courthouses in British Columbia.
The issues before the Supreme Court of Canada were:
- whether the judge could constitutionally enjoin picketing of court-houses by a union representing court employees engaged in a lawful strike;
- whether an enactment by a provincial legislature or by Parliament could validly deprive a judge of a Supreme Court of his inherent authority to protect the functions and processes of his and other courts without an amendment to the Constitution of Canada;
- whether the order restraining picketing and other activities within the precincts of all court-houses in British Columbia infringed or denied the rights and freedoms guaranteed by ss. 2(b), (c), 7, 11(a), (c) and (d) of the Canadian Charter of Rights and Freedoms, and if so, whether the order was justified by s. 1 of the Charter.
The majority held that the judge could enjoin the picketers and that his order violated the freedom of expression under section 2(b) of the Charter, but was saved under section 1.