New & Notable: Defining section 127

Linda Gibbons is a staunch anti-abortionist. On October 8, 2008 she was protesting with a sign outside an abortion clinic. This protest was in contravention of an interlocutory injunction issued in 1994 by Adams J barring such protests within a certain distance of abortion clinics. Gibbons was charged with breaching a court order under section 127 Criminal Code. She sought to quash the information arguing that section 127 had no application as the Ontario Rules 60.11 and 60.12 were a “punishment or other mode of proceeding”.  Her motion was dismissed, a decision upheld by the Supreme Court: 2012 SCC 28.


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