Sunday, August 15, 2010

Ontario's Crown Accused of Abusing Legal System in Linda Gibbons Case

There's simply no other explanation:
According to Lewis, lawyers Daniel Santoro and Nicolas Rouleau told provincial court justice Mara Beth Greene that they believe the Crown has continued to prosecute Gibbons through the criminal courts to keep the 16-year-old injunction, which was issued by a civil court, from being challenged in civil court.

Santoro says he believes the Crown has charged Gibbons under the Criminal Code because they do not think they can justify the need to make the 'temporary' injunction permanent. “They have used the criminal process as a strategy to avoid an inquest on the civil side,” he said Tuesday, according to Lewis.
The judge replied that the allegation was “horrible,” and asked how they could justify it. “Because nothing has happened [in the civil court] in 16 years,” Santoro responded.
Spending some 19 months behind bars (and over 7 years in total) for a mere protest - that sounds more like Soviet Union. But, at least, Linda's case is starting to get some much needed media attention. So it's just a matter of time until the "temporary" injunction, which is being used as an excuse to persecute Linda, gets struck down. By charging Linda with mischief, obstruction of peace officer and anything else they can think of (except - violating the 1994 injunction,) the Crown merely tries to delay the inevitable.

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