#ecoactivists — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #ecoactivists, aggregated by home.social.
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#Wetsuweten Law Cannot ‘Coexist’ with BC Court Order, Judge Determines
Chief Dsta’hyl has been found guilty of criminal contempt.by Amanda Follett Hosgood, #TheTyee
21 Feb 2024
"Wet’suwet’en hereditary leaders have opposed #pipeline construction through their traditional territory since before the #CoastalGasLink pipeline project was first proposed. In December 2018, the B.C. Supreme Court issued an interim injunction to the company, which prohibited anyone from blocking pipeline access roads or work sites. A year later, on Dec. 31, 2019, the court granted a permanent injunction for the duration of the project.
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"Last month, Tammen determined there was sufficient evidence to convict three #Indigenous #LandDefenders — Sleydo’ Molly Wickham, Shaylynn Sampson and Corey Jocko. They were arrested the day after Dennis and later charged with criminal #contempt. Hearings have begun into an application by the defence to stay the charges based on police conduct during the arrests.
"#ChiefDstahyl’s arrest took place in October 2021, after a series of interactions with Coastal GasLink workers and security contractors on the Shea Forest Service Road on Likhts’amisyu Clan territory.
"During those interactions, Dsta’hyl and others blocked access to a work camp and 'seized and rendered inoperable' multiple pieces of machinery belonging to Coastal GasLink contractors by cutting electrical wires and removing batteries, according to evidence presented during the trial.
"When Dsta’hyl was arrested, he had four batteries from heavy machinery in the back of his pickup truck, the judge said.
"'There is little dispute concerning the basic facts,' Tammen said, noting that video evidence documenting the incidents was presented during the trial.
"'Chief Dsta’hyl, acting as an enforcement officer for the Likhts’amisyu Clan, participated in the decommissioning of a piece of heavy equipment owned by a CGL subcontractor on Oct. 17, 2021. That action consisted of removing the battery from the equipment, an excavator, thus rendering it inoperable.'
"Witnesses for the defence included other #Likhtsamisyu Chiefs, who described the Wet’suwet’en traditional clan system and its role in governing the traditional territory. Among the Chiefs’ duties is preservation and protection of the traditional territory, or #yintah, Tammen said.
"Tammen also summarized the Wet’suwet’en law of trespass, something described in detail by defence witnesses, saying permission is required to access territory belonging to a house group 'beyond just passing through it.'
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"Criminal contempt penalties can include fines or imprisonment. Sentencing has been set for 9 a.m. on March 6."
https://thetyee.ca/News/2024/02/21/Wetsuweten-Law-Cannot-Coexist-BC-Court-Order/
#SLAPPs #IndigenousActivism #BigOilAndGas #CorporateColonialism #IndigenousLandDefenders #LandBack #2023PublicOrderAct #DirectAction #ACAB #Fascism #CriminalizingDissent #WaterIsLife #WaterProtectors #ForestDefenders #ClimateActivists #ClimateJustice #EcoActivists #HumanRightsViolations #Article20 #RightToProtest #SlowMarch
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#KnittingNannas claim partial victory in #NSW #AntiProtest law challenge
#Environmental #activists claim success after partial overturn of state laws that criminalised protest actions near major hubs
Lisa Cox
Wed 13 Dec 2023 03.23 EST“The New South Wales supreme court has found that parts of anti-protest laws introduced by the former Perrottet government are unconstitutional because they infringe on the implied freedom of political communication.
“The laws were introduced in 2022 in response to a series of climate protests that disrupted Port Botany.“The laws, which passed with the support of the then Labor opposition, added a new section to the state’s Crimes Act to target protest activities at major facilities such as railways, ports, transport facilities or infrastructure.
“The new offences, which carried maximum penalties of two years imprisonment and $22,000 in fines, applied in circumstances where protest activities caused damage to the facility, seriously disrupted or obstructed people attempting to use the facility, closed or partially closed the facility, or caused people trying to use the facility to be redirected.
“Two 'knitting nannas' – Helen Kvelde and Dominique Jacobs – took legal action to defend the right to protest, arguing that the new laws fundamentally undermined their right to political communication.
Their legal representative, the Environmental Defenders Office, argued that criminalising certain protest activities was unconstitutional because it impermissibly burdened the implied freedom of political communication.“In a judgment on Wednesday afternoon, the court found the new section of the Crimes Act did 'effectively burden the implied freedom in its terms, operation, and effect … the law is, therefore, constitutionally invalid unless justified'.
“The court found the burden was unjustified where the protest activity caused people to be redirected or caused a facility to be partially closed. Those parts of the laws were therefore invalid.
“Kvelde said she was happy the court had given 'some acknowledgement to the democratic right to protest'.
“’But these laws to me feel like a distraction. As if both Labor and the Liberal party are trying to get the population angry with protesters instead of angry against politicians for failing to protect us from #ClimateEmergency,' she said.
“’I’m not sure what we can do next, but it doesn’t feel right to just let this go. We need to fight for our democratic right to protest peacefully. I wish people would understand that ultimately these laws could affect anyone – anyone the government of the day does not like.'
“A spokesperson for the Minns government said it was 'carefully considering the judgment and seeking advice on appeal options or options for legislative reform to ensure that protest activity is appropriately regulated and balances the rights and freedoms of the people of NSW'.
“The NSW #Greens spokesperson for climate change and the environment, Sue Higginson, called on Labor to consider the judgment in full. 'While the court upheld parts of the law targeting the actions of protestors it found parts to be unconstitutional. Clearly, the former Coalition government enacted harsh and draconian laws, it was an overreach,' she said.
“‘The Minns Labor government should now repeal all of the Coalition’s anti-protest laws as they have now been shown to be bad laws and, as civil society has maintained since they were first introduced, they are entirely unnecessary.'
“The knitting nannas also asked the court to find amendments to regulations that altered the definition of 'major bridge, tunnel or road' to be beyond the government’s regulation-making power and therefore invalid. But the court found those amendments were valid.”
#Australia #ClimateActivists #ClimateJustice #ACAB #Fascism #SilencingDissent #CorporateColonialism #EcoActivists #Censorship #HumanRightsViolations #Article20 #RightToProtest #SlowMarch