The John Doe Injunction in Mass Protest Cases

JULIA E. LAWN

ABSTRACT

In this article, the author examines the relatively new John Doe injunction sought by private parties to enjoin the conduct of increasingly determined protesters. In many cases, these protesters engage in behaviour that intentionally breaks the law. Where law enforcement agencies take no action, private interests have sought injunctions against unnamed defendants. These orders have been enforced through contempt proceedings against individuals who transgress their terms. The author examines the historical antecedents of these orders, their use today, and potential problems of both practice and perception that affect the John Doe injunction as it is currently used and enforced. The article concludes with the suggestion that, while these orders may be necessary where official action is wanting, they should be granted only after the surrounding circumstances have been carefully scrutinized and other alternatives rejected.

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Citation: (1998) 56(1) U.T. Fac. L. Rev. 101.
Copyright © 1998. University of Toronto Faculty of Law Review.
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