Supreme Court Rules Union Allowed to Videotape Picket Line

This article was last updated on April 16, 2022

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The Supreme Court of Canada has mentioned in a recent judgment that Alberta should rewrite its privacy legislation, alleging that is violation of free speech to block a union from its right to videotape workers crossing a picket line. In its ruling, The Supreme Court has given a years’ time to the Alberta Legislature to rewrite the province’s Personal Information and Privacy Act, which it says allegedly “imposes restrictions on a union’s ability to communicate and persuade the public of its cause.”

The Supreme Court stated that the legislation is not justified by the legislation’s objective to provide individuals with greater control over their personal information. Commenting on the ruling announced on Friday, legal observers allege that it could have serious implications for similar privacy legislation in B.C., Manitoba, Quebec and at the federal level, which largely look over how organizations, including private companies, collect and use personal information.

The case is basically prompted by a dispute that resulted in a unique 305-day strike at the Palace Casino at the West Edmonton Mall in 2006, where the union, the United Food and Commercial Workers Local 401, and a management-hired security firm videotaped and photographed the picket line at the casino’s front entrance. Whereas, union signs also warned that picture of workers crossing the line could be posted at a website called www.casinoscabs.ca. Consequently, several people filed complaints with Information and Privacy Commissioner of Alberta, which resulted in adjudicator ruling that union violated Alberta’s privacy law, though it was soon overturned by a judge and then by the Alberta Court of Appeal.

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