During a lawful strike and lockout, the union engaged in secondary picketing at retail outlets and other locations.
The employer obtained an interlocutory injunction prohibiting picketing at secondary locations.
The Supreme Court of Canada held that secondary picketing is generally lawful unless it involves tortious or criminal conduct.
The Court rejected the 'illegal per se' doctrine, finding that the wrongful action model best balances the interests of free expression under section 2(b) of the Charter with the protection of third parties from undue economic harm.
The appeal was dismissed.
