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While Unifor didn’t agree its members used wrongful tactics like intimidation, CCRL claims the union did — thereby moving beyond what are permissible boundaries to picketing activity.
“It must not amount to unlawful, tortious or criminal activity,” Wildeman argued. “And in the context of an application for an injunction to restrain union activity which blocks or restricts access to the employer’s property, we do see that there are cases where the courts will order a complete prohibition on blocking access to the employer’s premises.”
The CCRL argued McMurtry’s decision adequately took union members’ Charter rights into account and that Unifor is now asking the appeal court to adjust the line too far in the union’s favour.
And while union members have a right to state their message, the CCRL argued members cannot force people to listen or engage.
Due to COVID-19 concerns, the matter was heard via video. Justices Georgina Jackson, Ralph Ottenbreit and Jeff Kalmakoff reserved decision.