1. Do people have the right to cross picket lines unmolested?
People have the right to cross a picket line without being touched however they may be subject to comments from picketers expressing their views.
2. Can picket lines hold people and traffic up for long periods of time?
Times to cross a line vary depending on several factors which include, whether a picket line protocol has been established between union and management, and the number of vehicles crossing the line and the number of people (car pooling) in a vehicle crossing the line.
3. Is picketing legal?
A person's right to conduct picket activity is legal and protected under Section 2 of the Canadian Charter of Rights*
4. Is there a time limit to how long traffic can be held up?
There is no specific time set that a vehicle can be held at a line. A protocol negotiated between management and union help to keep the wait times consistent. If this fails then the company may seek relief through the courts with an injunction. A judge may set rules for the number of picketers, their location and the timings for vehicles crossing the line.
5. Are vehicles allowed to force their way through a picket line?
Drivers are not allowed to force their way through a picket line. They may only proceed when it is safe to do so.
6. Are picketers allowed onto company property?
In some cases, in the interest of public safety, due to traffic conditions the company will allow the picketers onto their property in a specific area.
7. Where can picketers stand without requiring the permission of the company?
Picketers can conduct their activity at any location the public has right of access to except the traveled portion of a roadway. Picketers are now allowed onto public areas of private property such as a mall.
8. Can the actions of the people involved in the strike be videotaped legally?
It is common for a company to videotape the actions of picketers. The union also has the same right to tape the activity on the line. On many occasions video footage has been used by the police to review allegations of criminal offences on the picket line.
9. Can sound be recorded?
An audio recording can be made by anyone on a picket line.
10. If I have an injunction to limit picketing will the police enforce it?
If there is an injunction granted by the court police will work with the sheriff to ensure the proper action is taken.
* Constitutional right to picket is protected under the same section of the Charter as freedom of the press:
2(a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (c) freedom of peaceful assembly; and. (d) freedom of association.
