The defense for three activists from #FirstNations argues abuse of process by security forces around the pipeline construction site, as the U.N. and Amnesty International allege excessive force, surveillance and #criminalization of land defenders.
By Keerti Gopal
January 24, 2024
"The trial of three Indigenous land defenders arrested at a pipeline construction site on #unceded#Wetsuweten First Nation land was adjourned until spring on Friday, as the court looks into potential abuses by Canadian police.
"In the Supreme Court of British Columbia in Smithers, B.C., the trial is the latest development in the nearly 12-year fight against the Coastal GasLink natural gas pipeline in the Canadian province.
"Land defenders #Sleydo’ #MollyWickham, #ShayLynnSampson and #CoreyJocko were found guilty of criminal contempt earlier this month, with Justice Michael Tanmen ruling that they broke a court injunction forbidding them from blocking access to construction for the Coastal GasLink pipeline.
"But immediately following the verdict, Tanmen began a week-long hearing to listen to the three individuals’ abuse of process applications, which allege that their Charter rights were violated during their arrests and detentions. During the hearing, the defense argued to stay the charges based on these applications, citing excessive force, aggressive behavior, offensive language and mocking by police.
"In Canada, the abuse of process doctrine allows courts to stay, or postpone, a proceeding on the grounds that some element of the process was unfair, and might undermine the legal system. In this case, the abuse of process application focused on treatment during and after arrests.
"The trial began on Jan. 8 and consisted mainly of witness testimony and evidence gathered in November 2021, during one of four major police raids at the pipeline between 2019 and 2023. The evidence included videos from social media and other videos taken by officers from the Royal Canadian Mounted Police, Canada’s national police service.
"The videos, and testimony from witnesses, including #RCMP officers, detailed the police using dogs and firearms and wielding chainsaws to cut down the doors of a cabin where Sleydo’ and Sampson were arrested. Jocko was arrested in another small structure close by.
"The activists allege police used excessive force to break down the doors and used offensive language, showing videos in which officers described arrestees as 'orcs' and 'ogres.' The abuse of process hearing will likely restart in June.
"Chief Na’Moks, a Wet’suwet’en Hereditary Chief and prominent advocate against the pipeline, said that the trial may serve as a template for future legal battles across Canada, where several other pipeline projects are underway.
"'This is going to affect everything else that happens, not only in #BritishColumbia but in #Canada,' Chief Na’Moks said last week. “This is the template that they want to use...and the harassment and constant abuse of #HumanRights has to stop.”
"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.
[...]
"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.'
[...]
"Criminal contempt penalties can include fines or imprisonment. Sentencing has been set for 9 a.m. on March 6."
#JustStopOil 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.
Do you think it a coincidence that filth reich wing nihilionares and murdercop mayors and the DHS amd FBI work side by side with a certain genocidal theocracy?
"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 #ClimateProtest.
"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 #ClimateCrisis 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'."
"Report on recent protest in Abingdon, Virginia against SLAPP lawsuits targeting the movement fighting the Mountain Valley Pipeline (MVP).
"Mountain Valley Pipeline is suing dozens of pipeline opponents in multiple jurisdictions for millions of dollars as part of a campaign of ongoing repression. Penn Stuart, the law firm behind the injunctions currently being levied against pipeline fighters in Virginia, and their Lawyer Wade Massie are hired by EQT Midstream, the largest partner in the MVP. Today, people had an office party at the Penn Stuart offices in Abingdon, VA, causing a ruckus."
Six More Months in the Movement to Defend the Forest
2023-12-12 via #CrimeThinc
"Escalating Repression: #RICO and the Furtherance of the Conspiracy
"With the benefit of hindsight, it is clear that the 'tactics of organized criminals' language Governor Kemp used on July 2 was not just boilerplate copy drafted by an intern, nor was the August 2 press conference simply propaganda to assure backers that the state could still protect their investments. These phrases and statements were shaping operations, carefully crafted interventions designed to position the government for their next operation: the blanket criminalization of the entire movement.
"On August 29, the Attorney General of #Georgia, Christopher M. Carr, filed an indictment with the Fulton County Superior Court, bringing charges against 61 people under Georgia’s version of the Rackeeter-Influenced Corrupt Organizations (RICO) Act O.C.G.A. § 16-14-4. The indictment became public on September 5. The document, which is over 100 pages long and very poorly written, claims that the 'conspiracy' (which it names 'Defend the Atlanta Forest') was 'founded' on May 25, 2020—the day that #MinneapolisPolice officers murdered #GeorgeFloyd, precipitating a nationwide #uprising.
"This was a serious escalation. It did not catch everyone by surprise: the #AtlantaSolidarityFund has been braced for such charges since February. The authorities and their extreme-right proxies had been demanding a full-scale crackdown on the movement for over a year, spreading a conspiracy theory that the movement was a mafia controlled by a shadowy and well-connected group (a narrative some activists also reproduced, apparently with no sense of irony). According to one version of this conspiracy theory, circulated by far-right trolls, the Network for Stronger Communities (a Georgia-based nonprofit organization) operates a number of financial enterprises, including the Atlanta Solidarity Fund, that coordinate acts of terrorism in order to accumulate wealth and influence. Of the 61 accused, three were members of the Atlanta Solidarity Fund. The 42 people already facing #DomesticTerrorism charges were also indicted, as well as a number of other people whose connection to the movement was unclear. The indictment alleged that some people had committed acts in 'overt furtherance of the conspiracy' such as buying #GlueSticks for #SignMaking. UK is using similar tactics, arresting people for just having [#Superglue or #BikeLocks in their possession.]
"The RICO indictment was not a legal procedure but a political act. It was not a judicial intervention to suppress criminal activity but a government measure to crush what the text describes as '#anarchism,' '#collectivism,' '#SocialSolidarity,' '#MutualAid.”
"It is not simply 61 people who are on trial. By dating the case to the murder of George Floyd, the prosecution showed that their real target was the entire population of millions that participated in the consequent revolt. This is not an unusual court case, but a new chapter in the fight between those who seek to preserve the hierarchies of a structurally white supremacist society and those fighting to destroy it root and branch. The indictment does not present a list of crimes. It describes the contours and values of a rival society emerging within the movement to stop Cop City, aspiring to reinvent the world according to a different logic.
"The Fulton County Judge assigned to the RICO case immediately recused himself. Until then, judges had not recused themselves from cases related to the movement even when they possessed obvious ties to the Atlanta Police Foundation."
Sydney, Australia, Nov 26 (EFE).- "Dozens of protesters, including a 97-year-old man, were arrested on Sunday during a #ClimateChange protest off Australia’s east coast that disrupted operations at the country’s biggest coal export port.
"#ClimateActivist group #RisingTide had organized the protest to block the traffic of coal cargo ships in the port of Newcastle since Saturday.
"The group said on its Twitter account that at least 59 people have been arrested so far.
"Since Saturday, groups of 50 to 60 protesters have been taking turns in rostered two-hour shifts getting on canoes and inflatable boats and preventing ships from leaving the port.
"Among the protesters who went out to sea was Alan Stuart, a 97-year-old religious pastor.
"Stuart said he was doing it for his grandchildren and future generations after being pulled out of his boat by the police.
"'I am doing this for my grandchildren and future generations because I don’t want to leave them a world full of increasingly severe and frequent #ClimateDisasters,' he said. 'I am so sorry that they will have to suffer the consequences of our inaction. So, I think it is my duty to do what I can and to stand up for what I know is right.'
"Rising Tide claims that the protest prevented more than half a million tonnes of coal from leaving the Newcastle port by the time the demonstration ended.
"Protesters demand that the Australian government stop all new projects that involve the use of fossil energy and confront the #ClimateCrisis more decisively.
"The climate crisis is one of the big issues of political debate in Australia, a country exposed to the effects of #droughts and #ExtremeTemperatures.
"Australia is the world’s second largest exporter of thermal coal and the largest exporter of cooking coal."
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.
2 videos were removed from TikTok but I saved copies & uploaded to #YouTube. From Summer of 2021. Up near mountain resistance camp at #FairyCreekBlockade where #RCMPCIRG tried, failed at tackling/arresting #ForestDefenders & ran back to their helicopter & took off. They were the only ones armed & being violently aggressive.