6. Unitied Food and Commercial Workers, Local 1518 v. Kmart Canada Ltd. et al, (1999), 176

D.L.R. (4 th ) 607 (SCC)

Employees lawfully on strike at one Kmart department store decided to pass out leaflet at another

Kmart location. This was determined to be secondary picketing, which was prohibited in British

Columbia. There was no intimidation or physical confrontation here, which was often present with

normal picketing, but just the communication of accurate information persuading people not to deal

with the store. An injunction was issued prohibiting the practice and the union appealed all the way

to the Supreme Court of Canada. Consider any constitutional arguments that can be raised and the

likely decision of the Court.