Nov 27, 2014

Facts


    ·Ms. Carswell was in front of her employers business picketing, in a shopping mall


    ·The owners of the shopping mall brought an action against C for trespassing when she refused to leave.


Dickson J.

Courts are limited in their application of laws, and can only be creative when there is an extension of a founding principle of the law.

Picketing constitutes trespass

Laskin J. (dissenting)


Being involved in legal strike afforded certain “privileges” to Carswell

New standards exist for trespass to be modified. The Mall was a public place meant to be used for public purposes.