The appellant union's members were locked out by the respondent employer.
Union members distributed leaflets outside the premises of four non-employer respondents who sold the employer's products.
The union members did not trespass or block vehicles.
The respondents obtained an injunction against the union, arguing the leafleting was prohibited secondary picketing under s. 104(2) of the New Brunswick Industrial Relations Act.
The Supreme Court of Canada allowed the appeal, holding that s. 104(2) must be interpreted in light of s. 5(4) of the Act and the Charter to prohibit only persuasion that is coercive, intimidating, threatening, or intended to cause undue influence, and therefore does not prohibit peaceful leafleting.
