Recent B.C. decision on secondary picketing at non-striking facility

October 15, 2017 0 COMMENTS

by David T. McDonald

About 15 years ago, the Supreme Court of Canada changed the law on secondary picketing in Canada. That decision, RWDSU Local 558 v. Pepsi-Cola Canada Beverages (West) Ltd., 2002 SCC 8, ruled that secondary picketing was generally lawful unless accompanied by wrongful conduct such as violence or blockading. This meant that union members and striking employees could picket businesses that were not part of a labor dispute in an effort to put pressure on the struck employer.

The Pepsi-Cola decision left it open for governments to enact laws that restrict the ability to picket places other than the struck location. The laws vary across Canada. The British Columbia Labour Relations Code is an example of a law that prohibits secondary picketing.

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