What’s Up in the Courts?
Following up with Fairy Creek Land Defenders
Dropped cases
In early February, land defender Ryan Henderson was acquitted of charges because the RCMP, before the arrest, had read a shortened version of the injunction order rather than the entire document. Thanks to this RCMP shortcut, 85 more cases have been dropped so far. There are three more weeks of cases scheduled (May 15, 29 and Jun 5), when it’s expected that an additional 70 cases will be dropped.
About 16 cases will proceed despite the Henderson decision, including the case of Rainbow Eyes in the week of June 5, to be tried by the Chief Justice of BC, Robert Bauman.
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Abuse of process trials
In September, we can expect more trials, these ones based on abuse of process. In November 2022, 121 Fairy Creek arrestees applied for a joint hearing to drop charges against them on the basis that the RCMP had acted illegally in their brutal round-up of arrestees. The judge denied the application for a joint trial, but three defendants are pushing forward with individual cases. Stay tuned for more on this!
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Unlawful arrest suits
There are various other outstanding cases. Three people are claiming unlawful arrest. Others are taking a stand against the way their cars were illegally towed. These cases are slowly making their way through courts.
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Class-action lawsuit
Two BC law firms specializing in class actions have filed a class-action lawsuit on behalf of protesters caught up in RCMP exclusion zones at ‘Ada’itxs/Fairy Creek and subjected to the infamous catch-and-release process. This is a civil case, claiming damages. It will be a large one—up to 1,000 people. Rani Earnhart, legal support person for the Rainforest Flying Squad, says that these big class-action cases move slowly, sometimes taking years, so we don’t expect any immediate results.
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Teal Cedar civil suit
Teal Cedar is seeking legal action against 14 individuals and one private-sector business. In addition to original defendants Elder Bill Jones, Kathy Code and Carole Tootill, more Fairy Creek respondents have been added, including Saul Arbess, and Rani Earnhart—pretty well anyone who has signed their name on any legal action involving ‘Ada’itxs/Fairy Creek.
So far, seven of the 15 have been served, with Teal Cedar looking to try other legal methods to serve everyone. They intend to apply for a permanent injunction and are also laying claims of conspiracy against all those named, seeking unspecified damages. (Does this sound like a SLAPP suit to you??)
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Logging Deferral to end in ‘Ada’itxs in June!
The logging deferral on the ‘Ada’itxs/Fairy Creek watershed expires in June. Teal Jones has built roads and is poised to log a number of the sections that land defenders fought so hard to protect. Also, Teal-Jones’s current injunction expires Sep 23. They will apply to renew again.
Expect more action in the forests and in the courts. We will try to keep you posted.
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Save Old Growth court cases
On May 1, Save Old Growth protesters Howard Breen and Melanie Joy Murray were in court attempting to have the charges against them dropped. This was denied, and their case will be heard in the summer. Read more here.
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Upcoming court battles focus on endangered species
Two parallel efforts are being launched to protect species at risk in the ‘Ada’itxs/Fairy Creek Area—one led by Elder Bill Jones and Kathy Code of the Rainforest Flying Squad working with West Coast Environmental Law (WCEL), and the other by the Friends of Fairy Creek Society.
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Working with SARA (Species at Risk Act)
Elder Bill Jones and Kathy Code of the Rainforest Flying Squad have been granted West Coast Environmental Law stage 2 funding of $17,000 to continue work around the Species at Risk (SARA) legislation. They are developing strategy with lawyers with the intent to get the logging stopped at tree farm licence #46 due to the presence of the Marbled Murrelet, the Western Screech Owl, the Northern Goshawk and the Specklebellied lichen.
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Working with the Migratory Birds Act: Can the Marbled Murrelet save Ada’itxs/Fairy Creek?
The Friends of Fairy Creek Society is taking the BC and Canadian governments to court, seeking a judicial order that the Migratory Birds Act 2022 does not allow “indiscriminate destruction” of nests of these seabirds through logging old growth in tree farm licence 46, which includes Fairy Creek. Read more here. Both initiatives are great ways to keep the pressure up!
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