Ontario Criminal

Charter of Rights

Section 127 of Criminal Code not unconstitutional

Trial judge convicted accused under s. 127 of Criminal Code for violating interlocutory injunction prohibiting anti-abortion protesting. Accused sought to stay proceedings for abuse of process due to Crown delay and other conduct in related civil proceedings. Trial judge found Crown was not intentionally delaying civil proceeding or that delay was malicious and dismissing application. Summary conviction appeal court upheld trial judge’s decision. Appeal to Court of Appeal dismissed. Trial judge’s factual findings precluded conclusion that continued prosecution was abuse of process. Abuse of process argument was collateral attack on underlying order for interlocutory injunction. Section 127 not ultra vires Parliament for delegating enforcement of federal criminal law power to provincial legislatures. No violation of s. 7 of Charter for over breadth or arbitrariness as s. 127 directed at maintaining public order and was specific intent hybrid offence with internal limitations.

R. v. Gibbons (Jan. 26, 2015, Ont. C.A., K. Feldman J.A., Janet Simmons J.A., and S.E. Pepall J.A., File No. CA C56895) Decision at 105 W.C.B. (2d) 230 was affirmed.  119 W.C.B. (2d) 478.

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