Callout – Oct 12
Hello Elders,
Lots of news and action this week!!
Perhaps by now you all know that the lifting of the injunction was temporary. Friday, Judge Stromberg-Stein of the BC Court of Appeal gave leave to Teal-Jones to appeal Judge Thompson’s lifting of the injunction. The appeal will be heard in November, and in the meantime the judge imposed a temporary injunction, citing potential economic harm to the company. (See What’s up on the Legal Front.
Bad news, but not a big surprise. The struggle continues. We never have depended on the Courts to solve what is a political problem. However, we have to fight on all fronts. This means more court expenses and more fundraising. On their side, the company and government have millions in profits and our tax dollars to advance their case. On our side, we have the amazing collective generosity of all of you that keeps supporting the ancient forests. Thank you again and again! (More later.)
Last Monday, Oct. 4, saw an all-day action at the legislature, including the temporary installation outside Horgan’s office of a giant ‘cookie’ from a felled ancient tree, accompanied by inspired drumming. (Rumour has it that the cookie may become part of an RBC Museum installation about the FC movement.) Towards the end of the day, participants formed a giant circle on the Legislature lawn, linked by ribbons, held in a power circle by the drumming of an Indigenous land defender.
As well, in a Globe & Mail article on his new book, Bewilderment, Pulitzer-winning author Richard Powers of The Overstory gave a callout to Fairy Creek protesters: “I have been deeply moved by the action that people have taken at Fairy Creek, And I wish everyone who is engaging and putting themselves on the line as much stamina and strength and clear vision as there can be. And I am grateful – and we all are, on this continent – for whatever assertion and better balance the protestors can hold out for.” (See IN THE NEWS)
“Facing the climate crisis, ‘the only difference that can be made with government is ourselves…by the hundreds of thousands…bringing pressure to bear…We have to …set aside our political differences…our petty differences, get off our high horses and begin to walk together in a very serious fashion and keep our children and their grandchild in mind. That’s why we get out of bed in the morning. I also offer a shout-out to all those very principled, brave, courageous souls who have been defending old growth at Fairy creek. I am appalled at the police brutality.” Grand Chief Stewart Philip.
They can injunct us, they can arrest us, but they can’t shut us up! As always, we have actions suggested for this week.
Peace, long life, and thanksgiving to you all.
Susan & Jackie
ACTION OF THE WEEK
Keep up the pressure on MLAs! This next week is a critical time to put pressure on Horgan and the NDP government. In the latest discouraging development in the legal case, Judge Stromberg-Stein said: “No matter how unsavory the protesters find Teal Cedar’s logging, their quarrel is with government policy.” We’ve got to get to the government during this time when the legal case has publicized the struggle for old-growth protection. Try to make a phone call or write a letter every day this week.
To get started: LeadNow has a petition to sign; use Sierra Club BC’s phone link to call your MLA; register for Stand.earth webinar, October 14, 5:30 pm PT on next steps to protect old growth.
WHAT’S UP ON THE LEGAL FRONT: Where are we now?
On September 28, we were dancing with joy over the news that Judge Thompson had denied Teal-Jones renewal of the injunction. For the first time in BC history, a judge had the courage to consider more than simply the economic benefit to the company in considering the “balance of convenience” in granting an injunction. Fundamentally, he claimed that the court had been brought into disrepute by the actions of the RCMP. He also opened up discussion to include public interest in the granting of injunctions. Teal-Jones immediately filed to appeal at the BC Court of Appeal.
Last Friday, October 8, Superior Court Judge Sunni Stromberg-Stein granted a stay against Judge Thompson’s ruling. Essentially, she granted an interim injunction to be reviewed at the time of the appeal. The Appeal Court has the power to grant relief in a case where a party – in this case Teal-Jones – might suffer harm while waiting for an appeal.
Teal-Jones presented lots of testimony to prove that they were indeed suffering harm. Much was made of the downed timber that can’t be cut and the logging and road building that can’t be done, while gathering evidence daily on what they allege to be misbehavior by protesters. Mr. Dalke, the Teal-Jones lawyer, shared his fear – unsupported by evidence – that the Thanksgiving weekend would bring a horde of people to the area.So the RCMP will be back. We can only hope they will be fewer and better-behaved.
What happens next? Teal-Jones must first be granted leave to appeal – something almost always granted. If granted, the appeal will follow immediately. It will be heard on November 15 and 16 in Vancouver by a panel of three judges. We do not know if Judge Stromberg-Stein will be on the panel or not.
What funding do we need? In the next month, Teal-Jones’ well-funded slick team of corporate lawyers will work on a challenge to Judge Thompson’s ruling, at the Court of Appeal. We need another court victory to uphold justice for people engaging in non-violent civil disobedience at Ada’itsx/Fairy Creek and beyond.
Another win in court, maintaining Justice Thompson’s strong ruling against the RCMP, will take this case to the Supreme Court of Canada where a critical ground-breaking legal precedent could be within reach for how civil disobedience campaigns and the broader public interest are dealt with in our era of climate and biodiversity crises. This would have a major impact on social and environmental justice movements across Canada.
We are continuing to put senior lawyers into the courtroom and we need your continuing support to cover the legal fees. Our legal team has cut their fees to the bone, but we still need to raise another $10,000. We need your help. Please donate to bring justice to frontline activists working to protect ancient forests and a liveable climate future for all.
Warmly,
Bobby Arbess (named defendant and client in Teal Cedar Products Ltd. v. Rainforest Flying Squad)
An additional note from Susan: Elders for Ancient Trees, plus other friends of old-growth forests, have already dug into their pockets and donated money to support the first stage of the legal case – the stage that resulted in Judge Thompson’s ground-breaking judgment – for a total of $30,165. Now we’re asking you to once more donate if you are able. It’s essential that we oppose Teal-Jones’ appeal of Judge Thompson’s judgment. This is a tangible way we can support frontline forest protectors.
E-transfer donations to eldersforancients@gmail.com
Cheques: written to Forest First Express Society or FFES, mailed to:
#2-730 Sea Terrace, Victoria, BC V9A 3R6.
Thanks so much for your support!
UPCOMING EVENTS
Oct 13, 4-6 pm, Wednesday Rally for Ancient Forests+Forest Protectors, Government & Belleville. Once again we will walk to CFAX/Bell Media, Pandora & Broad, to protest the lies and misrepresentation.
Oct 14, Thursday, 7 – 8:30 pm, “What’s happening at Fairy Creek?” Zoom event with Kathy Code, frontline defender. Register here.
Oct 9 – 15, Week of Action for Wet’suwet’en #ALLOUTFORWEDZINKWA. (We encourage Elders to support the Wet’suwet’en struggle against Coastal GasLink to protect their sacred headwaters and establish their sovereignty. Our struggle and theirs are inextricably linked. They deserve our strong solidarity.
Oct 15, 4-6 pm. Forest Fridays, location RCMP Admin, Blanshard & Topaz. Wednesday Rally Facebook page or @Tasha_Schmopey_Diament on Instagram for updates. (Next week we start winter hours: 3-5 pm).
Oct 27, at 3:30-4:30 Premier Horgan gives the keynote presentation at the State of the Island Economic Summit 2021. We were all set to organize a convoy to this Nanaimo event to raise a ruckus, but now see the conference is 100% online. If any of you would like to pay the registration fee in order to see if you can hold up a few signs to your computer screen, etc., let us know how it goes!
Bus trips to Ada’itsx/Greater Fairy Creek go most Saturdays and Sundays. Register with Fairy Creek Bus Service at fairycreekbusservice@gmail.com.
Report of Elders/Multifaith Bus Trip to Ada’itsx October 5
“Seeing Grandfather and Grandmother trees in the verdant old-growth forest was humbling and powerful,” said one of the 35 settler elders who traveled to Ada’itsx/Fairy Creek on Tuesday, October 5. With the injunction no longer in effect (temporarily), the gates were open. We drove 7 km in our school bus up to River Camp to make a circle with Indigenous land defenders and forest protectors and to hold a multi-faith ceremony expressing commitment to reconciliation, solidarity, and thanksgiving.
It poured, and we were glad for the canopy that someone had brought, but it cleared when we gathered in circle ceremony. It poured again when the circle closed. We were led in the circle by Indigenous land defender Cheyoktin, who spoke of the impact of colonialism on Indigenous peoples and on settler peoples. He shared the teachings of his grandmother: “When people come, don’t ask if they want anything, you give, you wait to see if they accept what you give, and then give more.” He spoke of a culture of giving – of giving everything away, and as a result, never being empty. Cheyoktin showed this generosity in his words, his teaching, his drumming, his song, and in his response to those who spoke in the circle.
Representing the faith communities were United Church clergy Barbara Hansen, Keith Simmonds, and Henri Lock, and representing the Jewish community, Rabbi Harry Brechner (Emanu-el Congregation). Each spoke briefly of their commitment to reconciliation and their sense of belonging to all of life. Barbara spoke of “standing in a sacred circle, feet lightly touching the earth, surrounded by Sacred Beings rooted in Mother Earth yet reaching high above us, Creator reminding all of us to our interconnectedness, blessing us with rain and sunshine.”
These faith leaders were wearing their clerical garb. After the event, Keith explained why he wore his: “To be seen by surveilling members of our nation’s police force. To be accountable to the Indigenous people who are in a deep and abiding relationship with the non-human beings that populate the watersheds. A few ancient groves untouched by ‘harvesters’ since long before Christ walked the earth. To serve as a witness and listener, to take up some of the testimony of abuse, spoken and unspoken, that lies heavily on the hearts and souls of those against whom the church betrayed its teachings. To provide a lodging place.”
In Circle, a forest protector, teacher, and mother, who spends many days in FC spoke eloquently of the harm done by Christian churches and the need for honesty in acknowledging that harm, and her commitment to action and accountability to allow healing to occur. Her words are echoed by another bus rider who took home these lessons: give freely & generously, be vigilant, bear witness – eyes open & mouth shut, ears attuned, and heart receptive for the precious teachings that abound when you do.
We ended our day in the pouring rain, visiting the Grandmother tree and learning from Whaletail about the medicine offered by the plant being devil’s club, and stopping to honour the Red Dress Memorial as we came down the mountain.
Hopefully, this trip was the deepening of a process grounded in listening, witness, and solidarity action by settler people of faith.
~ Jackie Larkin
INSPIRATION
(from Pamela Porter at the end of the circle)
Open your hands over this sacred place. Write it in your holy book.
Morning, rain drifted through the trees, the great trees,
and on a branch of the cedar perched a white-faced owl, watching.
And the ravens fell silent,
and the owl, wings spread wide, on a low branch,
resembled the soul of one just now leaving the earth.
And the owl floated low, shoving wind through its wings,
and rose into the air.
And the ravens resumed their clatter and the chickadees
emerged from their hiding places.
A forest of towering firs and cedars: one brought down by a gust of wind
could take a house. And trunks so wide you could stretch out your arms
and fail to reach a fraction of the way around.
And all nearby: fir, cedar, eagle and hawk, had heard the owl
displace the air. And the owl stretched out its formidable claws
and secured another branch, high in the stand of trees beyond the road,
great trees that have remained a thousand years or more.
Yet among them a murmur arose underground —
through roots unknown to the human ear
which would sound to us as a polished stillness,
Yet on a day that rain sifted through the branches, came the sound
of chainsaws in the valley.
And the people came, and the trees with their knowing
understood that they had come and stood in the rain
and slept beside the trees, and perched in the trees
and the owl opened its wings and rose into the air
and the cedars and firs felt the people standing with them
and the owl in flight resembled the soul of one
just now leaving the earth.
Open your hands over this sacred place. Write it in your holy book.
Report from the front lines
Following the short-lived lifting of the injunction, forest protectors enjoyed a limited reprieve from the heavy daily presence of the RCMP. Nevertheless, the RCMP were clearly evident and TJ continued logging. Protectors continued their work to block industry vehicles and heli-logging, all the while doing their best to live in very wet conditions.
A small number of arrests occurred. The gates at Gordon Main were staffed by Domcor employees who were allowing some vehicles to pass. The Roadside HQ was moved back to its original spot, just inside the gates, but hard to know if that will remain given the reimposition of the injunction.
We heard news that the cut block at River Camp which originally included the Grandfather tree has mysteriously changed to no longer include this one tree. It would appear that Teal-Jones is trying to deflect some of the anger which coalesces in defense of an iconic ancient one. As if one tree a forest ecosystem saves!
One defender cited patience as the driving force of our approach, giving us the power to ‘move forward gracefully, lightly and inspire those around us.’
IN THE NEWS
Oct 12, Kamloops News, Lawyer slams RCMP for wearing ‘rascist’ patch in North Thompson
Oct 9, National Observer, Star-Trek captain chides BC premier over old-growth forests.
Oct 9, TC – Fairy Creek protesters say they will carry on despite reinstating of the injunction
Oct 9, Globe review of Richard Power’s new novel Bewilderment. The author of Overstory applauds the forest protectors in Fairy Creek. (Requires access to read.)
Oct 8, TC article re reinstatement of the injunction
Oct 7, Watch Adam Olsen takes on Mike Farnworth, Solicitor General/ Minister for Public Safety in Question Period. (Note: One of our active elders, Bev Bacon, tracked down Farnworth’s earlier response to the RCMP when the new commanding RCMP officer was sworn in. This article clearly shows that the BC government has a clear oversight role)
Oct 5, APTN News, Logging & arrests continue
Oct 4 CBC political panel on Fairy Creek: Adam Olsen up against Moe Sihota and Dianne Watts
Oct 3, The Tyee, Horgan’s Fairy Creek Excuses Betray Citizens: The BC government has failed in its duty to ensure police actions are lawful
Oct 2, LeFranco, Our neighbour activists from all walks of life go to the barricades (Google translate for English)
Sep 28, Vancouver Sun, Premier Horgan responds to question: what will you do to end the blockades at Fairy Creek?
Sep 17, Yale Forest Forum, Celebrating Old Growth: A Conversation with Robin Wall Kimmerer (Braiding Sweetgrass), Robert Macfarlane (Underland), and David Haskell (Song of Trees). This will touch your heart & mind.
A GREAT RESOURCE
Sierra Club Report on Forest Climate Risk Assessment INTACT FORESTS, SAFE COMMUNITIES : Reducing community climate risks through forest protection and a paradigm shift in forest management
In July 2019, the B.C. Government released preliminary results from the Strategic Climate Risk Assessment, listing 15 climate risks that have the potential to create catastrophic impacts for B.C.’s communities by mid-century. These include severe wildfire, seasonal water shortage, heatwave events, and flooding.
Amazingly (!!), although there’s plenty of scientific evidence that industrial logging has a large impact on these climate risks, the Assessment overlooked this. This 23-page Sierra Club report (plus citations) by Dr. Peter Wood lays out the risks, and the ways in which these risks are exacerbated by clearcut logging. The remedy: protect old-growth forests, restore degraded forest to increase resiliency, and pay attention to indigenous knowledge of forests.
This is a very worthwhile read for anyone who wants to be able to put forward scientific arguments to support the protection of old-growth forests. If, after reading the report, you want more, watch the webinar with Dr. Peter Wood: (Note: You do NOT need to sign up for vimeo in order to watch this — just click the start arrow on the picture.)
CAUSE FOR THANKSGIVING: On October 8, the UN Human Rights Council recognized the human right to a healthy environment. David Boyd, UN special rapporteur on human rights and environment: “The world’s future looks a little bit brighter today,” Boyd said. “The United Nations, in a historical development, has for the first time recognized that everyone, everywhere, has a human right to live in a safe, clean, healthy and sustainable environment.” Read more here.
And Finally, Masks for the Trees
Want a well-made mask with a forest motif? Charmaine, a Metchosin resident, has been making and selling beautiful masks in many fabrics at her roadside stand for $15, by e-transfer. SM, M, & L (Mine is a M). Contact her at charmaines@shaw.ca, and specify this fabric.
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Elders for Ancient Trees – oldfolksforoldgrowth@gmail.com – puts out a weekly email update with reports, related news and a list of supcoming actions and events to support the forest defenders at Ada’itsx/Fairy Creek in their stand to protect old-growth forests there and around the province – only 3% remaining and worth more standing!