Denise Dwyer

The Attorney General of Ontario and the Ontario Provincial Police appealed a motions judge's order refusing to dissolve an injunction against Aboriginal protestors occupying a residential development, and requiring the Attorney General to take carriage of criminal contempt proceedings while reporting back to the court.

The Court of Appeal allowed the appeal in part.

It held that the motions judge erred in refusing to dissolve the injunction after the Ontario government purchased the property and consented to the occupation.

The Court maintained the referral of the contempt matters to the Attorney General, but imposed strict conditions, finding that the motions judge's previous contempt process was fundamentally flawed for denying procedural fairness and improperly interfering with police and prosecutorial discretion.

The Attorney General of Ontario brought a motion to stay an order of a motion judge pending appeal.

The motion judge had refused to dissolve an injunction prohibiting protestors from occupying land, even though the land had been purchased by the Province of Ontario, until criminal contempt proceedings were disposed of.

The Court of Appeal granted a stay of the paragraph continuing the injunction, finding a serious issue as to its validity, irreparable harm to the public interest and land claim negotiations, and that the balance of convenience favoured a stay.

The court declined to stay the paragraph referring the contempt matter to the Attorney General for carriage.