Through The Looking Glass: 2022 B.C. Labour Law Forecast

It is the start of a new year and we are ready to look ahead. In B.C., we are anticipating some significant labour decisions in 2022, which could be consequential for unionized workplaces. Join us as we fall down the rabbit hole of Charter challenges and vaccination policies.

Union membership and activities have long been subject to scrutiny on the basis that freedom of expression and freedom of association are protected by s. 2 of the Canadian Charter of Rights and Freedoms. Issues around union membership and picketing are often subject to Charter challenges.

Unlike other Canadian jurisdictions, in British Columbia, secondary site picketing (when workers picket businesses other than the struck employer) is unlawful in most circumstances. One exception is if the striking union can obtain a declaration from the Labour Relations Board that the secondary business or location has allied itself with the struck employer and the secondary business is rendering undue