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The court sentenced three contemnors for criminal contempt arising from breach of an injunction, suspended the jail terms, and imposed one-year recognizances with community work service.
The Court of Appeal dismissed appeals from criminal contempt convictions for breaching a Trans Mountain injunction, rejecting Indigenous-law, bias, disclosure, and actus reus arguments.
The court found Angela Davidson guilty of seven counts of criminal contempt for breaching an injunction and release orders linked to Fairy Creek protests.
The appeal is dismissed because the Federal Court did not err: DeepRoot failed to prove contempt beyond a reasonable doubt as material factual disputes (whether the AirForm insert is part of the cell structure and the correct available-volume measurement) and the only expert who measured volume provided evidence that reduced available volume below the asserted threshold, the Court reasonably accepted that evidence, and no legal error in declining further claim construction was shown.
Source excerpt
La Cour d’appel a accueilli l’appel en matière de criminal contempt, estimant que la juge n’a pas tenu compte d’une preuve non contestée sur l’état d’esprit de l’appelant. Un nouveau procès est ordonné.
The court found Jordan Quinn guilty of criminal contempt, holding that a copy of the injunction was left with him and he had ample opportunity to read and obey it.
The court found the RCMP’s short-form script did not clearly or accurately convey the injunction’s material terms, so the Crown failed to prove contempt beyond a reasonable doubt.
The court dismissed joinder of 121 criminal contempt matters and refused a collective stay application, holding any residual abuse-of-process claim must be handled individually.
Drew Doyle admitted criminal contempt for occupying a 12-foot tripod platform in the Fairy Creek injunction area and received a four-day jail sentence.
The Registrar's dismissal order was set aside and an extension to perfect was granted because there was an arguable ground challenging the quantum of the fine and the court can manage pre-hearing steps to limit prejudice; however the Criminal Appeal Practice Direction does not apply to this civil contempt appeal, the appellants' reliance on it and their failure to perfect were unreasonable, and the ineffective assistance of counsel ground was weak and not a sufficient basis to avoid the perfection deadline; relief granted only on strict, supervised terms with a detailed timetable and case man…
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