CRCJ 3003 Lecture Notes - Lecture 11: Picketing
2 Aug 2016
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Union is trying to get dolphin to be designated as allies . Injunction placed on their ability to picket dolphin. Rwdsu says injunction interferes with 2b and 2d. Court finds that charter does not apply in private disputes. Judiciary branch is not considered a branch of government in this instance. 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. Under sec 32. 1, charter applies in common law only when government is involved. 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.
