By David Doorey, York University
You may have heard that a strike just commenced at York University. The strikers are part-time instructors represented by CUPE 3093. There have beens several strikes during my long stint at York and as one of the token labour law professors there I’m often asked questions about how the law governs collective bargaining, strikes, and picketing. Many people in the York University community will confront their first ever picket line if they drive to campus in the coming days and weeks. If history is any indication, they may find a group of strikers with flags and placards and a metal fence stopping them from driving onto campus, at least temporarily.
One question I’ve often been asked is whether that type of picketing is “legal”. Why don’t the police force the picketers to move? Why doesn’t York University go to court and get an order that restrains the picketing so that it doesn’t interfere with people getting onto campus? All good questions. So I’ve prepared a 30 minute video that answers these questions and explains how courts (and the police) deal with labour picketing associated with lawful labour disputes (which the CUPE strike is). I’m focusing on Ontario here, although most (but not all) of what I have to say applies in other provinces as well. I’m using the York labour stoppage as a hypothetical case study, but the law discussed applies to any picketing involving labour disputes in Ontario.
HERE IS THE VIDEO, ENTITLED: “THE LAW OF PICKETING IN CANADA”
Disclaimer: This video is in no way intended as legal advice. It’s merely a quick overview of the legal principles courts apply when confronted with legal actions seeking to restrain picketing. If you have a “real” case, consult a licensed lawyer for assistance. This is a very complicated area of law.