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The Court of Appeal dismissed a sentencing appeal in a criminal contempt case from Fairy Creek, holding that the appellant’s Indigenous background did not require a lesser sentence.
The court acquitted Sabina Dennis of criminal contempt, finding the Crown failed to prove she acted with the necessary intent, knowledge, or recklessness.
The court sentenced four contemnors for breaching a Trans Mountain injunction, holding that denunciation and deterrence required short jail terms despite protest motives and, for one defendant, Gladue considerations.
The court found William George guilty of criminal contempt for publicly helping block access to Trans Mountain’s Burnaby Terminal in breach of an injunction.
The court found Terry Christenson guilty of criminal contempt for publicly breaching a Trans Mountain injunction at the Burnaby Terminal and livestreaming the conduct.
The court sentenced Noah Gotfrit and Cynthia Nugent to 14 days’ imprisonment each for criminal contempt after they knowingly breached an injunction.
The Court upheld the motion judge's finding that the appellant knowingly and deliberately breached the continuing injunction by failing to prevent distribution of the press release and by refusing to provide a list of persons to whom she disclosed the information; formalistic parsing of the order was rejected and the contempt finding and sentence of 20 days (to be served on weekends) were upheld; costs of $6,600 awarded to respondent.
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The court found the defendants in civil contempt for responding to an RFQ and quoting on filters covered by an injunction, and awarded special costs to the plaintiff.
The court held that YVR is not a public utility in its dealings with ground transportation providers and upheld the airport authority’s fee recovery.
The trial judge erred by imposing sentence without affording the appellant an opportunity to make submissions on sentence; given the appellant was a first offender, employed and had served 83 days, the appropriate disposition was to reduce the custodial sentence to time already served.
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