News Releases    

FOR IMMEDIATE RELEASE April 10, 2002

OPSEU referring injunction to Supreme Court

TORONTO – The Ontario Public Service Employees Union is seeking leave to appeal to the Supreme Court of Canada to overturn a ruling against picketing at courthouses.

The initial ruling, by Ontario Justice Sills, enjoined “any person from gathering, congregating or picketing” at courthouses in the Regional Municipality of Waterloo.

OPSEU appealed that decision to the Ontario Court of Appeal, which dismissed the union’s appeal on March 22.

In its submission to the Supreme Court, OPSEU argues that the union was engaged in purely informational picketing, which is not designed to impede, delay or interfere with access to the courts.

“Therefore the injunction raises issues of public importance because it directly affects the ability of members of the public who use court services to hear the views of individuals who actually work in the courts as to whether staffing levels and working conditions are adequate to ensure the proper functioning of the justice system,” said Linda Rothstein, counsel for OPSEU.

“In a democratic society every person has the right to advocate changes to the policies and practices of the government of the day, including changes relating to the administration of justice,” Rothstein said. “Prohibiting this kind of public advocacy near a courthouse sends a signal that the courts cannot tolerate public discourse and debate about the justice system at the very place where it is most meaningful.”

“OPSEU is of the view that it is not necessary for the courthouse to remain an “island of silence” in order to protect access to the courts. Indeed the courthouse should be a robust and vibrant institution where fundamental freedoms flourish,” Rothstein said.

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For further information:

www.opseu.org
Katie FitzRandolph (OPSEU communications) – 416-448-7440 or cell 416-788-9057
Linda Rothstein – 416-646-4327