CRCJ 3003 Lecture Notes - Lecture 11: Picketing

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LAWS 2202
Mar 30
RWDSU v Dolphin Delivery
-Union is in dispute with Purolator. Union is trying to get Dolphin to be designated as “allies”. This would
allow them to picket Dolphin
-Injunction placed on their ability to picket Dolphin
-RWDSU says injunction interferes with 2b and 2d
-Is secondary picketing protected by 2b?
-Court finds that charter does not apply in private disputes. No government interactions in this incident.
-Do court orders constitute government actions?
-Judiciary branch is not considered a branch of government in this instance. It is a neutral arbiter. Does
create laws, it only interprets it.
-it is not a branch of government under the Charter.
-The injunction does violate their 2b rights, but because no government actors are violating their rights
the Charter cannot be applied. Therefore no violation is occurring.
-Under sec 32.1, Charter applies in common law only when government is involved.
Constitutional Values and Private Law
-although constitutional law and private law are different, they can and might interact.
-private law stipulates rights to avoid and not inflict harm.
-public reasons is the idea that you have system of justification that applies to publicly available
common language of values.
-when making decision, it is not enough to decide. Must use language that everyone can understand and
agree to.
-public reason attempts to espouse secular values.
-our values affect law and law affects our values.
-Process of public justification
-content of entitlements: comparable to the process and how it works. Whether a right in constitution
or in private law, it is comparable.
-2nd relationship of the parties: defining characteristic in private law is that we assume a certain person.
Rational, autonomous.
-they apply their theory to certain cases.
-They look at german case. Man writes fictional story about person he knows stating they are a nazi. This
is a private law manner. What is more important however, free speech or somewhats right not to be
subjected to defamation?
-another private law case where case against pregnant woman where foetus was injured during reckless
driving on part of the woman. Court disagrees and says rights of the woman trump foetus. They did not
look at proportionality.
Seneca v Bhadauria
-Indian woman with extensive qualification applies constantly to College for teaching.
-She never gets an interview and other less qualified people get the job.
-she tries to create a new tort against discrimination instead of using human rights violation.
-SCC says existing legal framework already provides a comprehensive solution to the problem. Why
create a new tort when an alternative already exists?
-OCA however was willing to create a new tort.
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