| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
charter |
|
|
Summary:
The claimant's presented four arguments under sections 2(a), 2(d), 12 and 15 (1) of the Charter which were rejected upon analysis by the Umpire. Here are the arguments: 1. s. 36 discriminates against a recognizable or distinguishable group, the labourer, and it can be used by the employer in "break-the-union" labour disputes; 2. the Commission's questionnaire that enquired whether he attempted to cross the picket line infringes his freedom of conscience because attempting to cross a picket line could have the perpetrator banned from his or her union and subject to onerous fines and that crossing a picket line may violate a person's conscience if they believed in the purpose underlying the labour dispute; 3. the questionnaire also infringes on his freedom of association because it infers that someone involved in a labour dispute could be eligible for benefits if they did attempt to cross the picket line; and 4. the questionnaire violates the right to protection against cruel and unusual treatment or punishment because its existence and the questions it asks, give false hope for some kind of financial relief which is especially cruel in a protracted labour dispute.
