THE BRITISH COLUMBIA TRADE-UNIONS ACT, 1959
AbstractIn this article the author examines the statutory changes to the law concerning picketing under the British Columbia Trade-Unions Act of 1959. He discusses the significance of the Act in relation to the use of persuasion, with particular reference to the nominate torts applied to picketing. The author then examines typical situations in which unions have attempted to exercise the freedom to picket to illustrate the impact of recent common law developments concerning picketing and of the Act itself. He then examines a number of problems associated with the interpretation of the provision of the Act conferring legitimacy on peaceful picketing in the context of a legal strike, and also discusses other provisions addressing the liability of trade unions, damages and the burden of proof. The author then examines the status of the labour injunction in British Columbia, and concludes with a general critique of the Act.
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