British Columbia Government Employees' Union v British Columbia (AG)

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British Columbia Government Employees' Union v British Columbia (AG), [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 and Service 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 prohibiting picket lines outside of courthouses in British Columbia. The issues before the Supreme Court of Canada were: 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.

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