BCGEU v. British Columbia

SCCInfoBox
case-name=BCGEU v. British Columbia (Attorney General)
full-case-name=
heard-date=March 3, 1988
decided-date=October 20, 1988
citations=
docket=19518
history=
ruling=
ratio=
SCC=1987-1988
Majority=Dickson C.J. (paras. 1-73)
JoinMajority=
Concurrence=McIntyre J. (paras. 74-78)
JoinConcurrence=
NotParticipating=Estey J.
LawsApplied=

"BCGEU v. British Columbia", [1988] 2 S.C.R. 214 is a leading Supreme Court of Canada decision on the right to picket as a freedom of expression under section 2(b) of "Canadian Charter of Rights and Freedoms".

Background

In November 1983, the British Columbia Government Employees Union (BCGEU), of which the employees of the superior courts were members, went on strike. The staff of the British Columbia Supreme Court picketed outside of the court house and only let in a minimum number of people needed for urgent cases. When Chief Justice Allan McEachern arrived in the morning to see the staff picketing he went to his office and issued an order on his own motion to get the staff back to work.

The issues before the Supreme Court of Canada were:
# whether the judge could constitutionally enjoin picketing of court-houses by a union representing court employees engaged in a lawful strike;
# whether an enactment by a provincial legislature or by Parliament could validly deprive a judge of a Supreme Court of his inherent authority to protect the functions and processes of his and other courts without an amendment to the Constitution of Canada;
# whether the order restraining picketing and other activities within the precincts of all court-houses in British Columbia infringed or denied the rights and freedoms guaranteed by ss. 2(b), (c), 7, 11(a), (c) and (d) of the Canadian Charter of Rights and Freedoms, and if so, whether the order was justified by s. 1 of the Charter.

The majority held that the judge could enjoin the picketers and that his order violated the freedom of expression under section 2(b) of the "Charter", but was saved under section 1.

ee also

* List of Supreme Court of Canada cases (Dickson Court)

External links

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