DATE: 2004-01-28
DOCKET: C40498

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) - and - LAWRENCE ROBBINS (Appellant)

BEFORE: SHARPE, ARMSTRONG and BLAIR JJ.A.

COUNSEL: John Mann for the appellant Michal Fairburn for the respondent

HEARD & ENDORSED: January 27, 2004

On appeal from the order of Justice Fletcher Dawson of the Superior Court of Justice dated July 17 2003.

APPEAL BOOK ENDORSEMENT

[1] We see no error of law that would justify the interference of this court. We agree with the detailed and careful reasons of the summary conviction appeal judge that the trial judge did not err in law in convicting the appellant of mischief.

[2] We do not accept the appellant's characterization of this case as involving the fundamental right of every citizen to communicate with elected officials. This right is central to democracy and is acknowledged by the respondent. The appellant had the right to communicate with his MPP. However, he crossed the line when he did what the trial judge found he did, namely, wilfully interfere with the lawful use and operation of his MPP's fax machine and thereby interfere with the right of other citizens to communicate with their MPP. The trial judge found that the appellant acted out of anger and frustration, not out of a desire to communicate. There was evidence to support that finding.

[3] Accordingly, leave to appeal is granted, but the appeal is dismissed.