R.W.D.S.U., Local 558 V. Pepsi-Cola Canada Beverages (West) Ltd.
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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 pick ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, 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 Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, 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 applicatio ...
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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 p ...
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PepsiCo
PepsiCo, Inc. is an American multinational food, snack, and beverage corporation headquartered in Harrison, New York, in the hamlet of 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, Inc. PepsiCo has since expanded from its namesake product Pepsi Cola to an immensely diversified range of food and beverage brands. The largest and most recent acquisition was Pioneer Foods in 2020 for US$1.7 billion and prior to it was buying the Quaker Oats Company in 2001, which added the Gatorade brand to the Pepsi portfolio and Tropicana Products in 1998. As of January 2021, the company possesses 23 brands that have over US$1 billion in sales annually. PepsiCo has operations all around the world and its products were distributed across more than 200 countries, resulting in annual net revenues of ov ...
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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. 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. Ward's then ...
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Interlocutory
Interlocutory is a legal term which can refer to an order, sentence, decree, or 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 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 rule is that there are no interlocutory appeals, exce ...
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Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ...
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Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), 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 civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest 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. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ...
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Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) 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 one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal 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 was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ...
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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 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 A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (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 that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. 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 t ...
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Protest Tactics
A protest (also called a demonstration, remonstration or remonstrance) is a public expression of objection, disapproval or dissent towards an idea or action, typically a political one. 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 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. Where 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 a type of protest called civil resistance or nonviolent resistance. Various forms of self-expr ...
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