U.C.F.W., Local 1518 v. KMart Canada
Encyclopedia
U.F.C.W. Local 1518 v. KMart Canada, [1999] 2 S.C.R. 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.
The Court 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. Handing out leaflets is a traditional means for under-funded groups to get their message to the public and without it they would have no reasonable alternatives.
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 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 the 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...
. 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.
The Court 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. Handing out leaflets is a traditional means for under-funded groups to get their message to the public and without it they would have no reasonable alternatives.