Isabella Carter
The right to videotape and publish photos of people crossing a picket line is constitutionally protected. However, the Supreme Court has not explained where the line is drawn, leaving unclear where important areas of controversy—such as laws punishing lies in election campaigns—lie. In one case, a union posted signs near the picket line warning people that the line was being videotaped and that images might be placed on a website called “CasinoScabs.ca”. Although images were never posted, some people who were recorded crossing the picket line filed complaints under the Personal Information Protection Act.
| Characteristics | Values |
|---|---|
| Can picket lines be videotaped? | Yes |
| Can images be published? | Yes |
| Can people keep their crossing of picket lines a secret? | No |
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What You'll Learn
Videotaping and publishing photos of people crossing picket lines
The Court of Appeal has ruled that unions have the right to videotape and publish photos of people crossing picket lines. The Court found that legislation prohibiting this practice would violate Section 2(b) freedom of expression, as it prevents unions from using images to advance their collective bargaining objectives.
The Court recognised that picketing is a form of expression and that expression on a picket line is directly related to the Charter right of workers to associate together to achieve their common goals. The purpose of a picket line is to dissuade people from crossing and doing business with the struck employer.
While individuals have an interest in how their images are used, they cannot reasonably expect to live their lives in total anonymity. People do not have a right to keep secret everything they do in public, such as crossing picket lines.
In one case, a union posted signs near the picket line warning people that the line was being videotaped and that images might be placed on a website called “CasinoScabs.ca”. However, images were never posted, and some people who were recorded crossing the picket line (including employees and members of the public) filed complaints under the Personal Information Protection Act.
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Freedom of expression
The right to freedom of expression is a fundamental human right recognised in many international treaties and conventions, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. This right is also protected by national constitutions in many countries, including the United States Constitution's First Amendment and the Canadian Charter of Rights and Freedoms.
While freedom of expression is a broad right, it is not absolute. There are certain limitations on this right, such as restrictions on hate speech, defamation, and incitement to violence. These limitations aim to balance the protection of individual rights and freedoms with the need to maintain public order and respect for the rights of others.
The interpretation and application of freedom of expression can vary depending on the specific context and jurisdiction. For example, the United States has a strong tradition of protecting free speech, while other countries may place more emphasis on restricting speech that is deemed offensive or harmful.
In conclusion, freedom of expression is a constitutionally protected right that plays a crucial role in safeguarding individual liberties and promoting democratic values. While the boundaries of this right are sometimes contested, it remains a fundamental pillar of free and open societies.
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Right to anonymity
The right to anonymity is not a constitutionally-protected right. While individuals have an interest in how their images are used, they cannot reasonably expect to live their lives in total anonymity.
In the context of picket lines, unions have the right to videotape and publish photos of people crossing the picket line as a means of strengthening the incentive for people to respect the line. This right is protected under Section 2(b) freedom of expression, as it is considered a form of expression directly related to the Charter right of workers to associate together to achieve their common goals.
However, this does not mean that individuals have no rights regarding the use of their images. For example, in Canada, people who were recorded crossing a picket line filed complaints under the Personal Information Protection Act. While the Court of Appeal sided with the union in this case, recognising their right to freedom of expression, it is important to note that the images were never published.
The line between constitutionally-protected rights and individual privacy is a complex and evolving area of law, with the Supreme Court yet to provide clear guidance on certain issues, such as laws punishing lies in election campaigns.
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The use of images to advance collective bargaining objectives
Unions have posted signs near picket lines warning people that the line is being videotaped and that images might be placed on a website. While individuals have an interest in how their images are used, members of the public cannot have a reasonable expectation of total anonymity. People do not have a right to keep secret everything they do in public, such as crossing picket lines.
Recording people who elect to ignore the picket line is one of the tools available to unions and workers to strengthen the incentive for people to respect the picket line. The very purpose of a picket line is to dissuade people from crossing and from doing business with the struck employer.
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When are lies constitutionally protected?
The Court has never precisely explained when lies are constitutionally protected and when they are punishable. However, some lies are indeed constitutionally protected, not just when they are said without "actual malice", but even if the speaker knows the statements are false. This includes "false statements about philosophy, religion, history, the social sciences, the arts, and the like", at least "in many contexts".
The Court's analysis recognised two critical points: first, that bans on specific lies are content-based restrictions on speech; and second, that in order to preserve the freedom of expression the First Amendment defends, lies must be protected the same way as any other speech.
Courts routinely have to decide whether a statement is a potentially actionable factual assertion or a constitutionally protected opinion. The risk of erroneously punishing opinions is not sufficient to categorically bar all liability for lies, but it may be one factor in favour of forbidding legal liability when alternative institutions can help correct the record.
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Frequently asked questions
Yes, the right to videotape and publish photos of people crossing a picket line is constitutionally protected.
Yes, some people who were recorded crossing the picket line (including employees and members of the public) filed complaints under the Personal Information Protection Act.
Yes, unions can post signs near the picket line warning people that the line is being videotaped and that images might be placed on a website.
Yes, the Court of Appeal sided with the union, finding that legislation violated Section 2(b) freedom of expression insofar as it prevents a union from using images of people crossing picket lines to advance collective bargaining objectives.
No, members of the public cannot have a reasonable expectation that they can live their lives in total anonymity. People do not have a right to keep secret everything they do in public, such as crossing picket lines.
