Over the last decade there have been numerous cases which rely
on the Charter of Rights and Freedoms to protect and
arguably expand a union's right to picket during a labour
dispute. Despite this trend, the courts have consistently stated
that those protections do not apply to "illegal
picketing", which contains tortious or criminal conduct. The
courts have also applied a "flexible wrongful action
approach" in granting injunction orders to prevent illegal
picketing.
In a recent case,
PBC Health Services Society v. Canadian Union of Public
Employees, Local 1816, Jane Doe, John Doe, and Other Unknown
Persons, August 18, 2017 (Vancouver Registry: S177573),
the employer brought an injunction application to prohibit illegal
picketing by the union. The B.C. Supreme Court found clear evidence
that the picketing was obstructing access to the employer's
worksite. The court also found that the union members' conduct
contained elements of intimidation, harassment and trespass
