Supreme Court

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

ROYAL OAK MINES INC. (Plaintiff) Applicant

- and-CANADIAN ASSOCIATION OF SMELTER AND ALLIED WORKERS LOCAL NO. 4, and BILL SHRAM, HARRY SEETON, BOB KOSTA, RICK CASSIDY, AL SHEARING, and ROBIN JANZ (Defendants) Respondents

- and-DAVID MADSEN

Transcript of Judgment and Sentencing given by The Honourable Mr. Justice J.E. Richard, at Yellowknife, Northwest Territories, on the 30th day of December A.D. 1992.

(Alleged Contemner) Respondent

I

1 APPEARANCES: 2 V. Schuler, Ms., Q.C., Counsel for the Applicant 3 A. Marshall, Esq., Counsel for the Respondents 4 D. Miller, Esq. Appeared for the Crown 5 Cheryl Mendryk, Ms., Court Reporter 6 7 THE COURT: In giving my decision, on 8 this application, I want to first of all repeat 9 something that I said earlier today on the Simon 10 hearing. Mr. Madsen wasn't present at that time. 11 The Court's function is to keep the peace and 12 to prevent unlawful acts from occurring. The 13 purpose of the Court's injunction order, when it 14 was issued back in May, was simply to stablize the L5 very volatile situation which was present at the L6 mine site. The union was on lawful strike, the 17 company was continuing to operate the mine, the L8 Court's order simply laid out in fairly clear L9 terms what could or could not happen at the mine JO site where emotions and anxieties were high on 11 both sides. :2 The Court expected its order to be obeyed. 3 The community of Yellowknife and society generally 4 expects court orders to be obeyed. 5 Notwithstanding Mr. Madsen's opinion of the 6 injunction order, that order represents a minimal 7 interference with the civil rights of anyone

1 involved in the labor dispute, but had as its 2 purpose, as I've said, the maintenance of peace in 3 this community. 4 The evidence at this hearing indicates 5 clearly that Mr. Madsen on this occasion, in the 6 early evening hours of October 10th, deliberately 7 and unlawfully entered onto the mine property. 8 This was just three weeks after an underground 9 explosion occurred at the mine site, when nine men 10 were killed, and at that time, Mr. Madsen was well 11 aware that the mining company and its security 12 personnal were quite concerned, and understandably 13 so, about any unauthorized intrusions onto the L4 mine property. Mr. Madsen's answer to this is, in L5 effect, that he was just walking his dogs, and L6 that it was open to him to do so on the mine .7 property adjacent to the public highway. .8 This case is very similar to the cases that 9 the Court heard on earlier hearings involving Tim 0 Bettger and Amos Simon, and as much as I am 1 satisfied on the evidence that Mr. Madsen was 2 playing games with the Pinkerton security 3 personnal, putting the best light on this incident 4 in favor of Mr. Madsen, it might be said that he 5 was testing or challenging the limits of the 5 Court's injunction order, or it might be said he 7 was playing games with the Court.

1 Well now, Mr. Madsen will have his ruling. 2 What he was doing on October 10th, 1992, was 3 "watching and besetting" at the mine site, 4 contrary to the expressed terms of the Court's 5 injunction order. And any similar behavior by him 6 in the future will in all likelihood result in a 7 jail term. 8 For the record, I'm satisfied beyond a 9 reasonable doubt that on October 10th, Mr. Madsen 10 was well aware of the provisions of the injunction 11 order and specifically that he was not to enter on 12 to the mine property, that his conduct clearly 13 constituted watching and besetting, that he defied L4 or disobeyed the Court's order in a public way, L5 with the knowledge that this public disobedience 16 would tend to depreciate the respect and authority L7 of the Court, and accordingly, I find him to be in L8 contempt, criminal contempt of court. .9 (BRIEF ADJOURNMENT) :o THE COURT: I'd like to hear from Mr. .1 Madsen. Do you have anything to say, Mr. Madsen? 2 want to particularly hear you address what your 3 lawyer has just said about future compliance with 4 this Court's injunction order. 5 MR. MADSEN: Well, I believe that I've 6 demonstrated that compliance. Since I've been 7 allowed back out on the line there's been no <i

I

1 deviations in the path, and I intend to comply --2 continually comply with it. 3 THE COURT: And you understand that means 4 no trespassing on to the property? 5 MR. MADSEN: Yes, sir. 6 THE COURT: Thank you, Mr. Madsen. I'm 7 not going to impose any particular sanctions on 8 you. You have your ruling and it should be 9 abundantly clear that the Court expects compliance 10 with the order to the letter, and there's very 11 good reason for that, and I think you can figure 12 out why. It's necessary in the circumstances of 13 this strike. 14 I've heard evidence in this Court -- we have 15 had many hearings of colleagues of yours pointing L6 fingers at the Pinkertons, the bad guys, escalate 17 things with their behavior, and evidence that I L8 accept. Fortunately, the two that confronted you, L9 Pike and the other fellow, Bazinet, didn't behave !0 that way. !1 MR. MADSEN: May I say something --:2 THE COURT: Just a moment. The danger of 3 you or anyone else going on to the property, even 4 for a walk with your dogs, peaceful though that 5 is, as Mr. Marshall says, it's going to incite an 6 incident where perhaps there is not the best 7 behavior on the other side of the line, and that's

1 why the Court's order has to be obeyed and 2 complied with to the letter to avoid those 3 incidents, and I'm going to take you at your word 4 that you're going to comply with that order and 5 not impose any particular sanction, and I hope we 6 don't see you back here in connection with this 7 strike. Thank you. Close court. 8 (PROCEEDINGS ADJOURNED) 9 10 I, Cheryl Mendryk, C.S.R.(A), hereby certify 11 that I attended the above Proceedings and took 12 faithful and accurate shorthand notes and the 13 foregoing is a true and accurate transcript of my 14 shorthand notes to the best of my skill and ability. 16 Dated at the City of Calgary, Province of 17 Alberta, this 13th day of January, A.D. 1993. 18 19 20 Cheryl"°Mendryk, M^.^ 21 Court Reporter 22 23 24 25 26 (27 J-

I