[ql06] PUBLIC: "Contempt of Court" and Mac-Blo v. Simpson case
- From: "Ken Campbell -- LAW'06" <2kc16@xxxxxxxxxxxxxxxx>
- To: <ql06@xxxxxxxxxxxxx>
- Date: Wed, 15 Oct 2003 19:06:11 -0400
If you recall in PUBLIC LAW, Stan discussed the MacMillan Bloedel v.
Simpson case [1995] 4 S.C.R. 725.
The case is part of a series on tribunal (administrative) jurisdictions
and the constitutionality of slicing off s.96 rights from superior
courts.
Protesters had been court ordered to cease interfering with Mac-Blo's
logging operations. They didn't. Mass arrest. One kid (Simpson) was
caught in the mass arrest. They were all in contempt of court. Problem
was, the kid's lawyer wanted him handled under the Young Offender's Act,
R.S.C., 1985, c. Y-1. Superior Court said, "Not said fast, pal." They
wanted to get their hands on him for disrespecting their order.
In terms of the point of our looking at it, it was primarily to examine
whether the YOA could slip the kid outta the grasp of a s.96 court. [SCC
decision: 5-4, sorry kid, 45 days in jail for you.]
But...
The discussion of in facie and ex facie contempt was interesting to
me -- despite being nothing but obiter dicta. I put my hand up
(actually, lots of questions came at that point) and asked about
journalists and contempt for refusing to divulge sources.
Below, from today's CP, a 75-year-old woman who seems to view ex facie
contempt charges as notches in her tree-hugging hippie-sash belt.
Ken.
--
The nature of things is in the habit of concealing itself.
-- Heraclitus
--- cut here ---
Activist, 75, gets six more months for contempt
Canadian Press
Tuesday, Oct. 14, 2003
Vancouver ? An anti-logging activist was sentenced to another six mnths
in jail on Tuesday for her part in a protest on Vancouver Island this
summer.
Betty Krawczyk, 75, had already been in jail for more than 100 days when
she was sentenced Tuesday for contempt of court. The great-grandmother
will appeal the sentence.
Ms. Krawczyk has always refused to accept probation conditions that
would restrict her ability to protest against logging.
Justice Bruce Harvey said Tuesday the conditions for release were
reasonable and compared Ms. Krawczyk's confinement to "a self-inflicted
wound."
"The defendant has made it clear she will continue with [anti-logging
group] Women in the Woods," said Judge Harvey, who said he took the
well-known activist's past record and imprisonment into account in
making the decision.
The notorious activist had already spent the equivalent of one year in
jail for previous protests.
"She considers she can choose what laws she wants to obey and which ones
she doesn't," said Judge Harvey.
Ms. Krawczyk sat quietly through the sentencing, but as she left the
packed courtroom she turned and faced the crowd. "It's not over," she
said.
About 20 supporters had clapped and called her name when Ms. Krawczyk
entered the courtroom earlier in the day.
She addressed the judge for nearly an hour, crying as she told Judge
Harvey that she would not accept conditions banning her from protests
like the ones in the Walbran Valley on southern Vancouver Island that
led to her conviction for contempt of court last month.
She told the judge on Tuesday that she would either have to be locked up
or let out, but that she would not agree to restrictions.
Ms. Krawczyk spent her 75th birthday in jail after being arrested in
June.
When he found Ms. Krawczyk guilty last month, Judge Harvey said her
contempt was open, public and "flagrant disobedience of a court order on
two occasions."
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