Dolphin Delivery

Retail, Wholesale and Department Store Union, Local 580 v Dolphin Delivery Ltd,  [1985] 2 SCR 573

Pages 797-800

Facts:

·      Employees in Retail, Wholesale and Department Store Union, Local 580  were in a labour dispute with their employer, Purolator.

·      The union was picketing at Dolphin Delivery, as they said that Dolphin Delivery was performing work for Purolator during their labour strike.

·      There was a court order restraining the union from picketing on Dolphin Delivery’s premise.

·      The Canada Labour Code legislation did not regulate secondary picketing, so the legality of the proposed picketing had to be determined by the common law.

Issues:

·      The union sought to have an injunction on their secondary picketing overturned on the basis that it violated the union’s freedom of expression.

·      Does the Charter apply directly to private actors?

Analysis:

·      The Charter does not apply to private litigation.

·      As per s. 32 it only applies to “government” which comprises the legislature, executive and administration.

·      The Charter only applies to the common law when the common law is used as a basis for government action that is alleged to infringe on a Charter right. 

·      In this case, a court order is not a government action because considering it as a government action could expand the Charter to all private litigation.