John Baigent

During a labour dispute, members of the appellant union distributed leaflets at secondary KMart stores urging a consumer boycott.

The Labour Relations Board ordered the union to refrain from this activity, finding it constituted prohibited picketing under the Labour Relations Code.

The Supreme Court of Canada held that the statutory definition of picketing, which encompassed peaceful consumer leafleting, infringed the guarantee of freedom of expression under s. 2(b) of the Charter.

The Court found the infringement could not be justified under s. 1 because the blanket prohibition on leafleting was overly broad and did not minimally impair the right.

The definition of picketing was struck down, with the declaration of invalidity suspended for six months.

The appellant, a Seventh-day Adventist, was unable to work his scheduled Friday evening shift due to his religious beliefs.

The employer and the appellant found a workable accommodation that required an exception to the collective agreement, but the union refused to consent and threatened a policy grievance.

The employer subsequently terminated the appellant.

The Supreme Court of Canada held that both the employer and the union have a duty to accommodate an employee's religious beliefs short of undue hardship.

The union's refusal to cooperate in a reasonable accommodation made it jointly liable with the employer for the adverse effect discrimination.

The appeal was allowed and the member designate's decision in favour of the appellant was restored.