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R.W.D.S.U., Local 558 V. Pepsi-Cola Canada Beverages (West) Ltd.
''Retail, Wholesale and Department Store Union, Local 558 v Pepsi-Cola Canada Beverages (West) Ltd'', 2002 SCC 8, is a leading Supreme Court of Canada decision on secondary picketing. The Court held that at common law, secondary picketing is legal so long as there is no criminal or tortious conduct. Background Employees of PepsiCo ("Pepsi"), organized by the Retail, Wholesale and Department Store Union, in Saskatchewan went on strike. Unlike many other provinces, Saskatchewan did not have any secondary picketing legislation. So as part of their strike, the employees picketed at retail stores that sold Pepsi products and the homes of Pepsi's management. Pepsi successfully applied for an interlocutory injunction to prevent employees from picketing at the secondary locations. The employees appealed the injunction. Ruling The Court recognized picketing as freedom of expression, consistent with section 2(b) of the ''Canadian Charter of Rights and Freedoms''. Since the Court found pic ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ...
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Secondary Picketing
Picketing is a form of protest in which people (called pickets or picketers) congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in (" crossing the picket line"), but it can also be done to draw public attention to a cause. Picketers normally endeavor to be non-violent. It can have a number of aims but is generally to put pressure on the party targeted to meet particular demands or cease operations. This pressure is achieved by harming the business through loss of customers and negative publicity, or by discouraging or preventing workers or customers from entering the site and thereby preventing the business from operating normally. Picketing is a common tactic used by trade unions during strikes, who will try to prevent dissident members of the union, members of other unions and non-unionised workers from working. Those who cross the picket line and work despite the strike are known pe ...
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PepsiCo
PepsiCo, Inc. is an American multinational corporation, multinational food, snack, and beverage corporation headquartered in Harrison, New York, in the hamlet of Purchase, New York, Purchase. PepsiCo's business encompasses all aspects of the food and beverage market. It oversees the manufacturing, distribution, and marketing of its products. PepsiCo was formed in 1965 with the merger of the Pepsi-Cola Company and Frito-Lay, Frito-Lay, Inc., PepsiCo has since expanded from its namesake product Pepsi to an immensely diversified range of food and beverage brands. Significant acquisitions include Tropicana Products in 1998, the Quaker Oats Company in 2001, which added the Gatorade brand to the Pepsi portfolio, and Pioneer Foods in 2020 for US$1.7 billion. As of January 2021, the company possesses 23 brands that have over 1 billion $ each in sales annually. PepsiCo has operations all around the world and its products were distributed across more than 200 countries and territories, r ...
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Retail, Wholesale And Department Store Union
Retail, Wholesale and Department Store Union (RWDSU) is a labor union in the United States and Canada. Founded in 1937, the RWDSU represents about 60,000 workers in a wide range of industries, including but not limited to retail, grocery stores, poultry processing, dairy processing, cereal processing, soda bottlers, bakeries, health care, hotels, manufacturing, public sector workers like crossing guards, sanitation, and highway workers, warehouses, building services, and distribution. History Montgomery Ward strike (1940s) In 1943, the union organized a labor strike at the Montgomery Ward & Co. department store, after company management refused to comply with a War Labor Board order to recognize the union and institute the terms of a collective bargaining agreement the board had worked out. The strike involved nearly 12,000 workers in Jamaica, New York; Detroit, Michigan; Chicago, Illinois; St. Paul, Minnesota; Denver, Colorado; San Rafael, California; and Portland, Oregon. War ...
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Interlocutory
Interlocutory is a legal term which can refer to an Court order, order, Sentence (law), sentence, decree, or Judgment (law), judgment, given in an intermediate stage between the commencement and conclusion of a cause of action, used to provide a temporary or provisional decision on an issue. Thus, an interlocutory order is not final and is not subject to immediate appeal. In many U.S. legal systems, interlocutory orders are not appealable, save for in a few extraordinary cases. Interlocutory orders are orders that are issued by a court while a case is still ongoing, before the final resolution of the case. When the case is concluded, any aspect of an interlocutory order that has not become mootness, moot may be challenged in an appeal from the final judgment. However, in other legal systems, such as in England and Wales, in Hong Kong, and in Canada, interlocutory orders in civil matters can be appealed by leave of the appellate court. In criminal matters in Canada, the general ...
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Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the req ...
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Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. The ''Bill of Rights'' exemplified an international trend towards formalizing human rights protections following the United Nations' ''Universal Declaration of Human Rights'', instigated by the country's movement for human rights and freedoms that emerged af ...
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Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently mistakenly referred to as the Ontario Court of Appeal) (ONCA is the abbreviation for its neutral citation) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto (also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice). Description The Court is composed of 22 judicial seats, in addition to 10 justices who currently sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, Canadian constitutional law, constitutional law, Canadian criminal law, criminal law, Canadian administrative law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions w ...
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List Of Supreme Court Of Canada Cases (McLachlin Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ... from the appointment of Beverley McLachlin as Chief Justice of Canada to her retirement in 2017. 2000–2004 2005–2009 2010–2017 See also * List of notable Canadian Courts of Appeals cases {{DEFAULTSORT:Supreme Court of Canada cases (McLachlin Court) (2000-present) ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases successfully appealed to the Court are generally of national importance. Once a case is decided, the Court publishes written reasons for the decision, that consist of one or more opinions from any number of the nine justices. Understanding the background of the cases, the reasoning and the authorship can be important and insightful, as each judge may have varying beliefs in legal theory and interpretation. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from the ri ...
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Protest Tactics
A protest (also called a demonstration, remonstration, or remonstrance) is a public act of objection, disapproval or dissent against political advantage. Protests can be thought of as acts of cooperation in which numerous people cooperate by attending, and share the potential costs and risks of doing so. Protests can take many different forms, from individual statements to mass political demonstrations. Protesters may organize a protest as a way of publicly making their opinions heard in an attempt to influence public opinion or government policy, or they may undertake direct action in an attempt to enact desired changes themselves. When protests are part of a systematic and peaceful nonviolent campaign to achieve a particular objective, and involve the use of pressure as well as persuasion, they go beyond mere protest and may be better described as civil resistance or nonviolent resistance. Various forms of self-expression and protest are sometimes restricted by governm ...
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