Judge Finds 21 Protestors Guilty of Contempt of Court in British Columbia
6/25/96
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NEWS RELEASE - Tuesday, June 25, 1996
JUDGE FINDS 21 ISTA PROTECTORS GUILTY OF CONTEMPT OF COURT
VANCOUVER, B.C. - This morning in the Supreme Court of British Columbia,
Justice Smith gave his decision in the trial of 21 people arrested for
defying a court order prohibiting them from interfering with International
Forest Products' roadbuilding operations at Ista (Fog Creek) near Bella
Coola. All 21 were found guilty of criminal contempt for their part in
last year's month-long stand, which saw environmental activists from the
Forest Action Network joining together with hereditary chiefs, elders and
other members of the Nuxalk Nation to stop the destruction of this sacred
and ecologically important area.
The Crown began their sentencing submissions in the afternoon, suggesting
that the sentencing guidelines for criminal contempt run from 2 weeks to
five months. The defence then began their submissions until the court was
adjourned for the day. The defence will continue their submissions on
Wednesday at 10:00 a.m., and the judge suggested he may reserve his
decision on sentencing until Thursday morning.
In speaking to sentencing, all three convicted Nuxalk hereditary chiefs
spoke eloquently to explain their obligation under traditional laws to
defend their land for the future of their people and all the creatures who
cannot speak for themselves. They explained to the court once again that
the Nuxalk have never sold, ceded or treatied their lands, and that justice
for them cannot be found in the white man's court.
"Once again the courts are guilty of criminalizing good, dedicated people
for trying to protect the land," said FAN spokesperson Diana Wilson,
"while defending the rights of corporations to continue their clearcut
destruction. It is shameful that the rights of corporations to make
profits for their shareholders are upheld over the rights of indigenous
people to safeguard their culture and the survival of their people."
Today's decision marks the beginning of the end of a seemingly interminable
court process, which has seen the defendants making repeated appearances
before the Supreme Court. The trial, initially scheduled for last
December, was interrupted when all of the defendants walked out of court
after the judge refused to recognize the sovereignty and jurisdiction of
the Nuxalk. Arrest warrants were eventually issued, and most of the
defendants were eventually rearrested. Almost all of the defendants have
already spent anywhere from a few days to almost a month in jail since they
were first arrested (well over 200 jail days between the group.)