An Ottawa judge will order a ten-day injunction against the use of air horns at protests. Wording of order is still to be hashed out. But a win for the plaintiff resident and potentially, all others living downtown.
https://twitter.com/glen_mcgregor/status/1490770802907693056
Jumping over to this thread. The court is going to hear from a lawyer representing police with respect to wording of the order and how it be enforced.
While we're in break, it is important to note that injunction is the result of litigation brought by one private citizen, a 21-year-old public servant who lives downtown. Not the City of Ottawa. Not police. Not any other level of govt. She, and her lawyers, shut down the horns.
Her lawyer, Paul Champ, told the court today she has been doxed and subject to "vile online abuse."
The other key point: Should they chose to use it (that's up in the air), the injunction gives police the ability to make arrests for violating a court order, a much stronger remedy than issuing tickets for noise bylaw infractions.
Back in session. Police lawyer Vanessa Stewart says they are consenting to the enforcement clause in what is, for now, a draft order imposing the injunction. (I haven't seen it.)
Justice McLean says the parties will return to court on February 16, 10 am., before the order "self destructs" on the 17th.
Keith Wilson wants the order to take effect at noon Tuesday. "So one more night of partying?" Champ shoots back.
Wilson says this will give people time to give notice of the order. McLean says the onus is police to let them know. "Contempt is a very, very serious matter."
McLean says the order will apply to a specific geographic area, not of all the city, as Champ wanted.
Champ says police have requested specific terms in the language of the order to indicate they will enforce contempt of court. Police lawyer Stewart says OPS wants more appropriate language rather than having to rely on its discretion.
(If you've ever hammered out language with a group on a shared document, this is like that. Except with lawyers.)
Wait. Justice McLean now says the order will be effective immediately (however, it can't be enforced on anyone who hasn't been warned of it).
McLean shuts down Wilson's request to allow horn blowing for five minutes a day, maybe at 5 pm. McLean says he's already said the horns are just to draw attention to the protest, which isn't needed.
The order will be published in daily newspapers in Ottawa and broadcast on local TV, both English and French.
McLean says police must give person found breaking the order the opportunity to agree to comply with it before they can be held in contempt.
Hearing over. We'll share a copy of the order when we get it. Thanks for following, legal geeks. -30-
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