Fair Creek blockade and the Criminal Code, surveillance of a judge, and a ticket info site
This week on Legally Speaking with Michael Mulligan:
A City of Victoria Councillor was caught on video offering money to a tow truck driver and arguing with an RCMP office, in an unsuccessful attempt to dissuade the tow truck driver from removing cars associated with a logging blockade that has been enjoined by a BC Supreme Court injunction.
This activity is discussed in the context of the reasons for judgment granting the injunction.
In his reasons for judgment, the judge referenced section 423 (1) of the Criminal Code. That section makes it a criminal offence to block or obstruct a highway or to watch or beset a person’s place of work, for the purpose of compelling someone to abstain from doing anything that they have the legal right to do.
The judge pointed out that an injunction against committing what would already be a criminal offence is possible where the criminal conduct affects the exercise of a private right.
Also on the show, the Justice Centre for Constitutional Freedoms, a right-wing legal advocacy group, was caught using a private detective to conduct surveillance on the Chief Justice of the Court of Queen’s Bench in Manitoba.
The Justice Centre for Constitutional Freedoms was litigating a case, with the Chief Justice, on behalf of seven Manitoba churches, arguing that their right to worship and assemble was violated by COVID-19 restrictions.
The Justice Centre’s Litigation Director claimed responsibility for the decision.
For his part, the Chief Justice, who spotted the surveillance, advised that he would continue to hear the case. He surmised that it was an effort to gather evidence about his compliance with COVID health restrictions.
The surveillance efforts apparently included the judge’s home and cottage.
Finally, on the show, a new government website that provides information concerning the process to pay, or dispute, various kinds of tickets is discussed.
Tickets can be issued for provincial, federal, and municipal offences and each of these has a different process to pay or dispute it.
Follow this link for a transcript of the show and links to cases discussed.