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picket lines, labour picketing, charter application, Supreme Court of Canada, Dolphin Delivery


A threatened picket line which never materialized turned into the unlikely setting out of which the Supreme Court of Canada drew the demarcation lines between litigation to which the Charter does and does not apply. I use the description "unlikely setting" not because it is odd that labour picketing was the context for debating the issue of Charter application. The considerable extent to which Canadian law leaves labour picketing to the common law makes it an obvious place to assess the Charter's application to the common law. But it could not have been less planned than Retail, Wholesale and Department Store Union, Local 580 et al v. Dolphin Delivery Ltd., [1987] CLLC 14,002 (SCC) would become the case in which the arguments would be joined.


UNPUBLISHED, excerpt from Public Law materials, Vol II, Chapter 5C. This has appeared in either Dalhousie Constitutional Law materials (Pothier & MacKay) or Dalhousie Public Law materials each year since 1987.