June 17, 2014
Alberta v AUPE 2014 ABCA 197

The Alberta Union of Public Employees (AUPE) appealed an order holding it in contempt for failing to comply with three directives issued by the Alberta Labour Relations Board in the context of a wildcat strike.

The AUPE challenged the chambers judge’s finding of contempt as well as paragraphs 8 through 12 of the contempt order on the grounds that these paragraphs restricted and directed AUPE’s freedom of expression in a way that contravenes s 2(b) of the Charter.

The Court of Appeal upheld the chambers judge’s finding of contempt, but, after applying the Dagenais/Mentuck test, agreed with the AUPE that it’s s. 2(b) rights were infringed and could not be justified under s 1 of the Charter, thereby striking the impugned paragraphs from the contempt order.