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.
