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Aboriginal protest spokesperson found in civil contempt for railway blockade and ordered to pay $16,584.87 in costs.
The plaintiff brought a motion for civil contempt against the respondent for his participation as a spokesperson in a railway blockade, in defiance of an injunction.
The respondent admitted knowledge of the order and his continued participation, leading to a finding of contempt.
In determining the appropriate sanction, the court declined to issue a continuing restraining order, noting the respondent had helped dismantle the blockade.
Applying principles for aboriginal contemnors and costs rules, the court ordered the respondent to pay costs of $16,584.87 to the plaintiff.
Motion for extensive disclosure in civil contempt proceeding dismissed as an impermissible collateral attack on the underlying injunction.
The alleged contemnor, Ron Plain, brought a motion for extensive disclosure in a civil contempt proceeding arising from a railway blockade.
He sought the disclosure to mount a novel Charter challenge and collateral attack against the underlying injunction.
The court dismissed the motion, holding that a collateral attack on a valid court order is not permitted in contempt proceedings.
Furthermore, applying a contextual approach to civil contempt, the court found that the extensive disclosure sought was not necessary, particularly given that the applicant sought only costs as a sanction.
