Waterloo Encampments Case Media

Warning

Warning: Threats or intimidation directed at a judge, including releasing private information such as the judge's address or illegally trespassing on a judge's property in order to influence the judge's future decisions, may constitute an indictable offence under s. 423.1 of the Criminal Code, punishable by up to 14 years of imprisonment.

There has been extensive media coverage of Premier Ford's statements encouraging the release of Justice Gibson's address and the establishment of an illegal encampment on his property, without any commentary or warning that such activity may result in serious criminal charges. Counselling such activity, even if it is not carried out, may itself be an indictable offence under s. 464(a) of the Criminal Code. In addition, as pointed out in a letter to the Attorney General from lawyers involved in this case, interference with judicial independence by the executive branch of government is a serious breach of the constitutional principle of judicial independence.

We also note that much of the media coverage has misrepresented Justice Gibson's decision as having prevented the development of a transit hub when, in fact, the decision provides a means for the Region of Waterloo to close the encampment at 100 Vic by providing an alternative site or adopting a tenting protocol to ensure that those who have no other options have a lawful place to shelter themselves. This option was not available to the Region prior to this decision.

See: Lawyers Involved in the Hearing Write to AG Downey Regarding Premier's Comments.