La violence ouvrière au tribunal – Étude des injonctions contre les piquets de grève au Québec (2002–2023)

Abstract

Based on an analysis of judgments on the motion for issuance of an injunction order against strike pickets rendered by the Quebec Superior Court between 2002 and 2023, this article shows that it has been extremely rare for judges to note serious acts of violence, such as beatings, injuries and dangerous acts of vandalism. On the other hand, a threatening look, the appearance or risk of any nuisance can always be qualified by the Court as intimidation, a threat, violence, a wrongful act, irreparable harm, and can justify limiting the right to picket in its simplest form of expression. We then defend the hypothesis that these orders granted in an almost mechanical manner are totally disproportionate, that they sanction workers in an indiscriminate and preventive manner, to the point of undermining the very essence of the right to picket, and this, in violation of the rights to freedom of expression and peaceful assembly of workers recognized by the Supreme Court.