The RCMP have now invaded HQ – 50 arrested Monday, 35+ on Tuesday. They are stealing people’s belongings, smashing car windows to get inside, towing vehicles. Folks are still finding ways to resist and have set up a new camp.
Meanwhile the court written judgement came down on Monday and it’s a clear victory for the elders submission and for all who defend the right to witness and protest. (See more details below.) Now to see how it can be enforced.
We are trying to organize an on-line press conference for Friday AND we are organizing a bus of Elders up to Fairy Creek, also on Friday. The land defenders need our presence, desperately. And they need supplies and food.
PLEASE JOIN US ON THE BUS FRIDAY, AUGUST 13. THIS IS URGENT! WE ARE BEING CALLED TO TURN UP. WE’LL GO FOR THE DAY, TAKE FOOD AND POSSIBLY CHALLENGE THE EXCLUSION LINE (THOSE WHO ARE WILLING).….We are in the last stand of THE LAST STAND. We know we’ve asked a lot of you….The trees know you!
BUS DETAILS
7:45am – RBC Museum pick-up
8:15 – Mayfair Mall (by Toys R Us)
Sooke/Westshore pick-up – time/location will depend on bus direction. If coming from this area, let us know when you register so we can send final details)
TO REGISTER:
EMAIL: oldfolksforoldgrowth@gmail.com with subject line: Friday Bus Registration. Provide name(s), phone number and pick-up location. Deadline: Thursday, 9 pm. Please let friends know who might be interested.
BRING, as usual: masks, food and hydration to meet your needs. Anticipate a 12 hr day.
Supplies urgently needed: propane, water tablets, protein foods, fruit and veggies. They have no refrigeration so far as we know. Bring what you can.
Yours,
Jackie & Susan
******
Want to get inspired?
Watch some of the August 9 rally in Livestream. It’s inspiring watching, and symbolizes where we are with the movement to protect old growth right now — united and moving forward.
Upcoming (if you can’t make the bus to Fairy Creek)
Aug13: 12:00-2:00pm, MLA Forest Fridays. This week: 104-1497 Admirals Rd. NDP MLA Mitzi Dean’s constituency office. Facebook for more information.
Legal Initiatives
Judge Thompson’s Written Reasons for Judgement have arrived! Since July 20, when we received the news that Judge Thompson had agreed with the Elders’ court appeal, we’ve been waiting for his written reasons. The RCMP excuse for continuing to violate the terms of the injunction was, in part, because they, too, were waiting for the written reasons. Yesterday that document arrived, all 36 pages of it. It constitutes a major setback to the RCMP’s continued imposition of exclusion zones.
The full text of the decision can be accessed on the court’s website. Here’s a nutshell summary from our lawyer, Matthew Nefstead:
- The court was asked to decide whether the RCMP’s establishment of exclusion zones was a valid exercise of police powers. In order to do that, Justice Thompson had to determine what duties the RCMP had as a result of the court’s order and whether the actions in question were reasonably necessary to carry out those duties.
- The RCMP said its duties were twofold: to arrest and remove people who were violating the injunction by blocking the roads, and to prevent people from violating the injunction. The first duty is apparent on the face of the order. However, Justice Thompson found that the RCMP had failed to prove the second duty. In other words, the RCMP has no duty to prevent people from violating the injunction, meaning that they cannot use that as a justification for their enforcement actions.
- After establishing the duties at issue, the next step is to determine whether the police actions are reasonably necessary to carry out those duties. It is not enough simply to demonstrate that a particular enforcement action is the most effective way of carrying out the duty, as the police duties must be balanced with the liberties at stake. If there is another way of carrying out the duty that results in less infringement on rights, the action is not legally “necessary”.
- The court found that the establishment of geographically and temporally expansive exclusion zones, as well as the practice of stopping and searching people entering, were not reasonably necessary to carry out the arrest and removal duty. The police do have some discretion to establish perimeters to ensure their safety when making arrests, but such perimeters would be measured in metres, not kilometres. In short, the police did not have legal authority to establish the exclusion zones, and the practice was therefore unlawful.
- We had proposed amending the order to clarify that this practice was not permitted. Justice Thompson determined that there was no need to amend the order, because it is already clear in the terms of the order that public access must be protected and that the impugned police actions were not justified.
While the document is couched in legal language, there are bits that jump out. Here are just a couple:
“My assessment is that the degree of interference with liberties of members of the public and members of the media is substantial and serious. [Section 54]”
“The RCMP has not established that the police actions under examination are reasonably necessary for either of the duties they assert. It follows that the RCMP do not have legal authority for these actions. The actions are unlawful.”[From the Summary]
And there’s more happening on the legal front:
Timely correspondence of August 3 from lawyer Patrick C. Cannings on torture and racism at Fairy Creek; and from Lyons Law on continuing illegal exclusion zones. A third letter challenges WorkSafeBC’s failure to protect people from machinery and unsafe practices
In the News
- The Tyee on August 9 Fairy Creek police raid
- National Observer article by Patricia Lane, who was there for the August 9 arrests at Fairy Creek
- Times Colonist reporting on Monday’s march and rally and RCMP raid at Fairy Creek
- RCMP arrest Victoria Buzz photograher at Fairy Creek (RCMP and Protestors face off at Fairy Creek/ Colin Smith Takes Pics)
Endangered Species
Sierra Club of BC reports a recent radar survey revealed endangered marbled murrelets are likely to be nesting in the Ada’itsx (Fairy Creek) watershed and surrounding areas.
Could cute lichens and little brown bats help bring real protection to Fairy Creek? Fairy Creek is home to a number of species at risk, and should be protected, say several scientists. At-risk species sighted in recent months include a variety of birds, little brown bats, and a lichen – the Oldgrowth Specklebelly Lichen – described as “cute” and sensitive. A map of the BioBlitz study area at Fairy Creek and a short slide presentation can be requested from Dr. John Neilson
Lastly, more inspiration!
Aug 9 – Sep 4, Tues-Sun, 12-5 pm, Fortune Gallery, 537 Fisgard St., current exhibition: Last Stand: Ancient Forests, Collective Action, art from the Eden Grove artist-in-residence program. Opening reception Saturday, Aug 14, 3-5 pm. This exhibition includes art by: Kwakwaka’wakw hereditary Chief Rande Cook, Jeremy Herndl, Connie Michele Morey, Paul Walde, Valerie Salez, Heather Kai Smith, Mike Andrew McLean, Kyle Scheurmann, Dawna Mueller, Tony Grove and Ken Miner. Curated by Jessie Demers.
A new documentary by Justin Douglas on Ada’itsx /Fairy Creek Old Growth blockades may answer many if not all your questions and clarify some of the relationships and conflicts of interest. It focuses on interviews with RFS members and forest defenders, local MPs and MLAs like Sonia Furstenau, Adam Olsen, Paul Manley, and the Indigenous voices of Rose Henry, Elder Bill Jones.
SEE YOU FRIDAY!