"The injunction prohibits secondary picketing and causing a nuisance," among other things, he said. "I am arguing that what Linda did, peace leafletting, does not constitute a breach of the terms of the injunction."
His argument that Gibbons, 63, did not violate the court order took about two hours in court, said Santoro.
"We've got an argument about abuse of process about the 18-year-old injunction that's still before the courts. And we've got an argument about the scope of another injunction."
Until then, Gibbons will be waiting at the Vanier Centre for Women in Milton, just west of Toronto.
She has been granted bail, but she won't agree to the terms, which keeps her incarcerated, Santoro said.
"The bail would effectively require her to promise to obey court injunctions which restrain her freedom of expression," he said. "Linda will not promise to do this."
Still, she is, as always, at peace, he added.