2004 No. 01T 2107

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR
TRIAL DIVISION

BETWEEN:

THE HONOURABLE HARVEY HODDER, M.H.A.,
in his capacity as SPEAKER OF THE HOUSE OF
ASSEMBLY OF NEWFOUNDLAND AND LABRADOR

APPLICANT

NEWFOUNDLAND AND LABRADOR ASSOCIATION
OF PUBLIC AND PRIVATE EMPLOYEES

FIRST RESPONDENT

CANADIAN UNION OF PUBLIC EMPLOYEES AND
ITS LOCALS

SECOND RESPONDENT

Before the Hon. Justice Carl R. Thompson:

UPON IT APPEARING THAT the Applicant has applied for an Interim Injunction to restrain unlawful acts with respect to picketing by the Respondents, their members, servants, or agents and any other person acting under its or their instruction or any other person having notice of and affected by the Order,

AND UPON HEARING Augustus G. Lilly, Q.C., for the Applicant AND UPON HEARING Sheila H. Greene of Counsel for the First Respondent AND UPON HEARING Lionel Clarke of Counsel for the Second Respondent,

AND UPON READING the Statement of Claim, the Interlocutory Application (ex parte), and the Affidavits of the Honourable Harvey Hodder, M.H.A., Speaker of the House of Assembly of Newfoundland and Labrador; Elizabeth Gallagher, Sergeant-at-Arms and Information Officer of the House of Assembly of Newfoundland and Labrador; Irene Tapper, Manager of Hansard at the House of Assembly of Newfoundland and Labrador; Yves Choquette, Commissionaire Site Supervisor at the House of Assembly of Newfoundland and Labrador; Roger Grimes, M.H.A., Leader of the Opposition; and John J. Harris, Q.C., M.H.A., Leader of the New Democratic Party,

IT IS ORDERED that the First Respondent, Newfoundland and Labrador Association of Public and Private Employees, and the Second Respondent, Canadian Union of Public Employees and Its Locals, the Respondents� members, servants, or agents and any other person acting under its or their instruction and any person having notice of and affected by this order, until the order is vacated or until other order of this Court or final disposition of this action, from:

            1.  At the parliamentary entrance to the House of Assembly through the northeast door of the
                Confederation Building, including the exterior stairway leading to the said parliamentary
                entrance and an area extending 20 feet in all directions from the first or bottom step of the
                said stairway;

2.      Watching, besetting, or picketing with a view to compelling the Speaker, Members, and Officers of
         the House of Assembly and their staff from doing anything they have a lawful right to do or abstain
         from doing, or procuring to be watched, beset, or picketed, with a like purpose, the House of
         Assembly;

3.      Interfering with the Speaker, Members, and Officers of the House of Assembly and their staff or
        any other person seeking peaceful, lawful entrance to or exit from the House of Assembly by the
        use of force, threats, intimidation, coercion, or by any other manner or means;

4.     Engaging in conduct adjacent to or in the vicinity of the House of Assembly likely to deter persons
        with peaceful objects from approaching, viewing, or entering the House of Assembly, and from
        molesting, threatening, assaulting, or intimidating the Speaker, Members, and Officers of the
        House of Assembly and their staff or any other person seeking peaceful entrance to or exit from 
        the House of Assembly;

5.     Ordering, aiding, abetting, counselling, or encouraging in any manner whatsoever, either directly or
        indirectly, any person to commit any of the act or acts aforesaid.

AND IT IS FURTHER ORDERED that the police are authorized to the extent permitted by law to arrest and detain persons breaching this Injunction;

AND IT IS FURTHER ORDERED that the Interlocutory Application be returnable on Tuesday, 27 April 2004, at 10:00 a.m., or so soon thereafter as the Application can be heard;

AND IT IS FURTHER ORDERED that the costs of this Application shall be costs in the cause.

DATED at St. John' s in the Province of Newfoundland and Labrador this 23^rd day of April, A.D. 2004.

Signed by
Carl R. Thompson
Justice, Supreme Court of Newfoundland and Labrador

2004 04 24                                    4:25 p.m.