By Jason Foster, AFL Staff

The Supreme Court of Canada announced an important ruling this month that states that laws against secondary picketing contravene the Charter of Rights and are therefore unconstitutional.

The Court made the decision in a case involving two UFCW locals, one from B.C. and the other from New Brunswick, where striking workers distributed leaflets at other places of employment, such as suppliers and other stores. The Court ruled that the workers’ right to free expression cannot be curtailed through Labour Relations legislation.

"It is obvious that freedom of expression in the labour relations context is fundamentally important and essential for workers," the decision reads. The Supreme Court Justices agreed that as long as the picketing does not interfere with the public’s right to enter and exit, the picketing should be allowed. The Court did uphold as valid laws preventing secondary picketing that impedes public traffic.

"By this decision, the traditional right of workers to communicate their message to their neighbours is upheld," responded Tom Kukovica, UFCW’s Canadian Director. "Union members have the same right to bring their issues to a public forum as everyone else."

"This ruling will impact Alberta," observed Audrey Cormack, President of the AFL. "Our laws around secondary picketing are even more restrictive than B.C. This ruling means Alberta unions can legally distribute leaflets and information at secondary sites."

In Alberta, unions often receive injunctions for distributing information at secondary sites.

The Alberta New Democrats are already calling for the offending sections of the Alberta Labour Relations Code to be changed. "Minister Dunford better get on the ball with this one before there’s an expensive court challenge, which the government would likely lose anyway," said Pam Barrett, New Democrat Leader. She urged Dunford to introduce a bill during the fall session.

The act spurring the case was a strike of workers at K-Mart in B.C. They were distributing leaflets with factual information in front of other K-Mart stores urging a consumer boycott. The UFCW challenges the subsequent Labour Board injunction, eventually leading to the Supreme Court appeal.