Platinex Inc. v. Kitchenuhmaykoosib Inninuwug First Nation et al.; The Minister of Northern Development and Mines, Intervenor [Indexed as: Platinex Inc. v. Kitchenuhmaykoosib Inninuwug First Nation]
91 O.R. (3d) 18
Court of Appeal for Ontario,
Rosenberg, Feldman and MacPherson JJ.A.
July 7, 2008
Contempt of court -- Disobedience of court order -- Sentence -- First Nation and six individuals sentenced to six months' incarceration for contempt of court order -- Appeal from sentence allowed -- Release of defendants ordered.
The appellant First Nation, five of their elected leaders and one community member appealed sentences of six months' incarceration imposed for their admitted contempt of a court order. [page19 ]
Held, the appeals should be allowed.
The respondent did not oppose the appeal because the appellants had spent enough time in jail and the matter would ultimately be settled only through negotiation. The court accepted that position.
APPEAL from the sentences imposed by G.P. Smith J., [2008] O.J. No. 1014, [2008] 2 C.N.L.R. 301 (S.C.J.), for contempt of court.
Cases referred to Frontenac Ventures Corp. v. Ardoch Algonquin First Nation, [2008] O.J. No. 2651, 2008 ONCA 534
Christopher Reid and Sarah Dover, for appellants Kitchenuhmaykoosib Inninuwug First Nation, Donny Morris, Jack McKay, Cecilia Begg, Samual McKay, Darryl Sainnawap and Bruce Sakakeep.
Neal J. Smitheman and Tracy A. Pratt, for respondent Platinex Inc.
Malliha Wilson, E. Ria Tzimas and Tamara Barclay, for respondent Minister of Northern Development and Mines.
Julian N. Falconer and Kimberly R. Murray, for intervenor Nishnawbe Aski Nation.
Mary Eberts, for intervenor Native Women's Association of Canada.
The judgment of the court was delivered by
[1] MACPHERSON J.A.: -- The appellants, the Kitchenuhmaykoosib Inninuwug First Nation, five of their elected leaders and one community member appeal from the sentences of six months' incarceration imposed on them by Smith J. for their admitted contempt of a court order made by him on October 25, 2007.
[2] The six personal appellants were placed in jail on March 17, 2008 and remained there until they were released on consent on May 23, 2008, by order of Lang J.A. of this court.
[3] At the commencement of the appeal hearing, counsel for the respondent, Platinex Inc., informed the court that it would not be opposing the appeal because "the appellants have spent enough time in jail, the matter will ultimately be settled only through negotiation, and no good purpose would be served by keeping the appellants in jail any longer".
[4] The court heard brief submissions from the other parties which did not contradict the respondent's position.
[5] The court delivered a short endorsement saying that it accepted the respondent's position. Accordingly, the appeal was allowed, with reasons to follow. [page20 ]
[6] There is no good reason to expand on the endorsement. The principles that would have been applied to this appeal are set out in the reasons in the companion appeal in Frontenac Ventures Corp. v. Ardoch Algonquin First Nation, [2008] O.J. No. 2651, 2008 ONCA 534. There is no point in applying these principles to this appeal at this juncture. Indeed, it would be unwise to do so because the court heard no argument about the circumstances giving rise to the contempt findings made against the appellants.
[7] The only additional observation I would make in these reasons is that counsel for both the appellants and Platinex stated on the record that they were very appreciative of the efforts made by Smith J. to resolve this case.
[8] The appellants are entitled to their costs of the appeal. They may file costs submissions of not more than five pages within 30 days of the release of these reasons. The respondents should file their responses within 14 days thereafter. The intervenors should neither pay nor receive costs.
Appeal allowed.