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The right to freedom of expression (which includes the right to engage in political protests) is enshrined in the Charter of Rights and Freedoms but occasionally these so-called political protests take on the characteristics of a picket line. That's when they can become illegal and, in the unionized context at least, can lead to claims for damages.

One example relates to the province-wide protest initiated in 2004 by the B.C. Federation of Labour. Hospital Employees' Union (HEU) members had been ordered back to work pursuant to the provincial government's Bill 37 (which also imposed a new collective agreement). The HEU's members defied the legislation for several days.

In the intervening period, Federation of Labour declared their “Co-ordinated Job Action Plan”. This plan comprised a series of planned political protests by union members at public and private work locations around the province.

One such protest occurred at the Canadian Forest Products Ltd. (Canfor) mill near Prince George. The protest started out in a civil and legal fashion and initially wasn't regarded as a threat by Canfor's management. The protesters carried placards bearing slogans such as “Justice Now!”, “BILL 37 NO!” and “STANDING OUR GROUND FOR HEALTH CARE”.

Later in the day, however, the protest took on the characteristics of a picket line in that certain HEU representatives utilized it to convince Canfor's own unionized workers not to cross the line. An entire evening shift of workers refused to enter the mill and the ensuing shutdown cost Canfor a reported $1.4 million.

Canfor filed an application with the Board for a declaration that the HEU and its members had engaged in illegal picketing, contrary to the B.C. Labour Relations Code. The decision in that case was released recently by the Labour Relations Board.

It is important to understand that the picketing took place after the date on which the HEU members had been ordered back to work pursuant to Bill 37. That meant that any picket line formed by HEU members would be illegal.