DoomsdaysCW, to acab

Law Cannot ‘Coexist’ with BC Court Order, Judge Determines
Chief Dsta’hyl has been found guilty of criminal contempt.

by Amanda Follett Hosgood,

21 Feb 2024

"Wet’suwet’en hereditary leaders have opposed construction through their traditional territory since before the 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.

[...]

"Last month, Tammen determined there was sufficient evidence to convict three — Sleydo’ Molly Wickham, Shaylynn Sampson and Corey Jocko. They were arrested the day after Dennis and later charged with criminal . Hearings have begun into an application by the defence to stay the charges based on police conduct during the arrests.

"’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 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 , 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.'

[...]

"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/

DoomsdaysCW, to acab

Gantry climber, 22, found guilty

Court & Prison, Press / February 19, 2024

supporter and gantry climber, Cressie Gethin, has been found guilty. Cressie took action in July 2022, demanding the UK government immediately halts all licensing and consents for new fossil fuel exploration and extraction.

The trial began on the 5th February at Isleworth Crown Court, with Judge Duncan presiding. The jury has found Cressie guilty by a majority of ten to two. Cressie, 22, a music student from Hereford, will be sentenced on the 3rd of May with two others. They face a possible ten year custodial sentence. [2]

During the trial Cressie was prevented from talking about her reasons for taking action and was denied any legal defence by the judge. The court heard a witness testimony from acclaimed naturalist and television presenter, Chris Packham, who commented that those taking action like Cressie “should be commended for sounding a vital alarm”. He added: “I am attending court to support Cressie Gethin because I don’t think she is getting a fair trial. I think, along with the UN, that the UK’s protest laws and sentencing of protesters are unjust, draconian, and in conflict with our basic human rights.”

Cressie climbed a motorway gantry above the M25 on the 20th July 2022, two days after the governments’ net zero strategy was declared unlawful, and one day after the UK recorded its highest ever temperature of 40.3 degrees celsius, a milestone that scientists previously thought was impossible. 61,000 excess deaths were recorded across Europe as a result of the extreme heat that summer, whilst the UK government continued to licence new oil and gas. [5]

Speaking before the action in 2022, Cressie said:

“I am terrified by the extreme heat in the UK this week, knowing that this will only get worse as we continue to extract and burn more and more fossil fuels. This country has the technology and money to begin a just and rapid transition to renewable energy immediately, but our government refuses to do so. I feel it is my duty as a human being to demand change in a way that cannot be ignored.

Thousands of people will die this week as a result of the extreme temperatures we are experiencing in the UK. We are in this situation because of increasing global temperatures caused by the emissions from burning fossil fuels. Against this backdrop, the UK government plans to open new oil and gas fields. I am dumbfounded by their negligence.

I am thinking of the countless people across the country and abroad who are now experiencing illness and death as a result of the climate crisis. People are angry that our government is continuing down the path of destruction, and we will not simply stand by and let this happen.”

A Just Stop Oil spokesperson commented:

“It would be extremely convenient for everyone if the climate crisis could be removed from our lives by the ruling of a Judge. If we could imprison the wildfires, if we could arrest famines, or if we could legislate against the rising sea waters that will leave parts of Britain submerged, that would be a fantastic outcome – but the reality is that we can’t and rapid decarbonisation is the only way of preventing these horrifying outcomes.

However, the judiciary – like the police – is proving to be an effective arm of the oil and gas industry, by silencing and imprisoning members of the public taking nonviolent action against climate collapse. Future generations will be disgusted by rulings such as this.”

As the world passes tipping points that threaten the breakdown of ordered civilization, world leaders, captured by the interests of oil lobbyists and big business, are failing to protect our communities. British citizens are sick of being led by liars and crooks. Until we stop Tory oil, supporters of Just Stop Oil will continue taking proportionate action to demand necessary change. Sign up for action at juststopoil.org.

https://juststopoil.org/2024/02/19/gantry-climber-cressie-gethin-22-found-guilty/


DoomsdaysCW, to climate

cleared after unlawful protest arrest

2nd February 2024, 01:49 EST

"Greta Thunberg and four co-defendants have been found not guilty of breaking the law when they refused to follow police instructions to move on during a .

"District Judge John Law threw out a public order charge due to 'no evidence' of any offence being committed adding police attempted to impose 'unlawful' conditions.

"The 21-year-old was arrested at a demonstration near the InterContinental Hotel in Mayfair on 17 October.

"The judge said that the conditions imposed on protesters were 'so unclear that it is unlawful'.

"He added that it meant that 'anyone failing to comply were actually committing no offence'."

Read more:
https://www.bbc.co.uk/news/uk-england-london-68180317













DoomsdaysCW, to climate

Wired: How to Protest Safely: What to Bring, What to Do, and What to Avoid

If you’re planning on hitting the streets, here’s what you need to know.

by Louryn Stramp and Lauren Good
June, 2022

"Reproductive rights in America have drastically changed. The US Supreme Court has overturned Roe v. Wade, which opens the doors to states criminalizing abortion and blocking access to information about it. Certain legal experts note that the language used in the current draft from Justice Samuel Alito could further erode protections surrounding birth control, gay marriage, and interracial marriage, which implies additional civil rights are under threat.

"This guide to safe protesting was originally written in 2020 during the nationwide outcry over police brutality, which overwhelmingly targets Black people like George Floyd, Breonna Taylor, and Tony McDade. Whether you’re marching for racial justice, reproductive rights, or climate conservation, our advice applies to most protests.

"If you're thinking about joining a protest near you, there are some crucial factors to consider: Police brutality is an abstract concept for some but a stark reality for others. Similarly, few people think about abortion access until they need it. There are ways you can contribute to police brutality causes or to abortion funds and independent clinics if you don't feel safe protesting or are otherwise unable to physically do so. You can also donate time to community groups, drop off supplies for protests, or contact local legislators.

How to Protest Safely in the Age of Surveillance

"That being said, protesting is a right of all Americans under the First Amendment (more on that below). Before you head out, you should know that police across the country have acted with unnecessary force, including driving vehicles through crowds, partially blinding a photojournalist, and macing children. The list goes on and on.

"If you still want to join in, we've gathered some advice, as well as a list of items you may want to bring with you. Be careful, and stay safe.

Table of Contents

  • What to Bring (and Not Bring) to a Protest
  • Before You Leave
  • Know Your Rights
  • While You're at the Protest
  • What to Avoid
  • What to Do If …
  • After the Protest

Read more [paywall]:
https://www.wired.com/story/how-to-protest-safely-gear-tips/

Internet Archive:
https://web.archive.org/web/20230112051520/https://www.wired.com/story/how-to-protest-safely-gear-tips/

DoomsdaysCW, to uk

LIBERTY'S PRACTICAL PROTEST GUIDE

"In the last few weeks, unprecedented numbers of people have taken to the streets all around the to stand up for what they believe in. You might be one of them.

"Download ’s Practical Guide for useful protest tips like what to wear, how to stay safe and who to call if you find yourself in trouble.

"Liberty challenges injustice, defends freedom and campaigns to make sure everyone in the UK is treated fairly."

Web:
https://action.libertyhumanrights.org.uk/page/140640/petition/1?locale=en-GB

PDF link:
https://www.libertyhumanrights.org.uk/wp-content/uploads/2023/11/Libertys-Practical-Protest-Guide.pdf

DoomsdaysCW, to climate

claim partial victory in law challenge

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 ,' 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 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.”

https://www.theguardian.com/australia-news/2023/dec/13/knitting-nannas-claim-partial-victory-in-nsw-anti-protest-law-challenge

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