Labour Disputes

Role of Police in Labour Disputes

A labour dispute is a civil contractual dispute between management and labour, and if no breach of the peace occurs, the police have no reason to intervene. 

In the event of a labour dispute, members of the Ottawa Police Service Labour Relations Sergeant have a mandate to:

• Establish a liaison with members of organized labour and management
• Ensure all people involved in the dispute are aware of their lawful rights
• Always remain neutral

Ottawa Police officers must maintain a neutral presence during labour actions. Police will limit their involvement to maintaining peace and order, preventing the commission of offences, enforcing the law, and safeguarding the fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code.

In the interest of public safety, police officers at the scene may be necessary to ensure the free and safe flow of pedestrians and motor traffic on roadways and sidewalks and remove any obstructions, according to the provisions of Provincial and Federal Legislation (e.g., Criminal Code of Canada, the Trespass to Property Act, and the Highway Traffic Act), as well as municipal bylaws. 

Police will not provide advice on possible civil remedies to parties involved in a labour dispute.

Role of Employers, Union Officials, and Picketers in Labour Disputes

Employers, union officials and picketers should be aware of their legal rights and responsibilities. These responsibilities include regulating the behaviour of their respective members and representatives at labour disputes and maintaining peaceful picketing. 

An employer may lawfully continue business during a labour dispute. This may include the use of replacement employees. 

Lawful Picketing

Peaceful picketing on public property to obtain or communicate information is lawful. It is legal for a picketer to use peaceful persuasion and display signage to persons about to enter or leave picketed premises.

The Canadian Charter of Rights and Freedoms protects freedom of expression. Where delays at picket lines occur, reasonable delay times may be negotiated between the parties. An informal, non-binding agreement or protocol, by which parties can abide, is useful for picket-line activities.

Protocols typically define picket-line conduct, picket facilities, other related issues. In cases where an agreement cannot be reached, legal counsel should be consulted.

Using barricades, force, threats, intimidation or blocking access to or from premises is illegal. This tactic is commonly referred to as “blocking.”

Blocking does not include reasonable delays caused by picketers in order to communicate information.

Information regarding other demonstrations can be found on our website.