R. v. Head, (1973) 44 Nfld. & P.E.I.R. 174 (NFSC)

CourtSupreme Court of Newfoundland and Labrador (Canada)
Case DateMay 26, 1973
JurisdictionNewfoundland and Labrador
Citations(1973), 44 Nfld. & P.E.I.R. 174 (NFSC)

R. v. Head (1973), 44 Nfld. & P.E.I.R. 174 (NFSC);

    130 A.P.R. 174

MLB headnote and full text

R. v. Head

(1973 No. 422)

Indexed As: R. v. Head

Newfoundland Supreme Court

Furlong, C.J.

May 26, 1973.

Summary:

A company obtained an injunction restraining the picketing activities of a union. The union president publicly defied the injunction on television and in the newspapers. The Crown applied for a writ of attachment against the union president for contempt.

The Newfoundland Supreme Court found the union president in criminal contempt and fined him $5000, or in default of payment, 3 months' imprisonment.

Contempt - Topic 510

What constitutes contempt - General principles - Criminal contempt - A union president publicly in television and newspaper interviews defied an injunction restraining picketing activities - He stated, inter alia, "but come hell or high water, law or no law, nobody is going to cross that picket line until the company names the date" - The Newfoundland Supreme Court found the union president in criminal contempt and fined him $5000, or in default of payment, 3 months' imprisonment.

Contempt - Topic 3329

Punishment - Sentence - Criminal contempt - A union president publicly in television and newspaper interviews defied an injunction restraining picketing activities - He stated, inter alia, "but come hell or high water, law or no law, nobody is going to cross that picket line until the company names the date" - The Newfoundland Supreme Court found the union president in criminal contempt and fined him $5000, or in default of payment, 3 months' imprisonment.

Cases Noticed:

Seaward v. Paterson, [1897] 1 Ch. 545, folld. [para. 9].

Re Tilco Plastics Ltd. v. Skurjat et al., 57 D.L.R.(2d) 626, appld. [para. 10].

Counsel:

[None disclosed].

This application was heard before Furlong, C.J., of the Newfoundland Supreme Court, who delivered the following judgment on May 26, 1973.

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