Burnaby Mountain Warrior? It only takes one. And Alan Dutton, a retired professor, certainly takes that title in my opinion. He is the only one with the guts and the ability to stand up to what has been a conspiracy between the courts of this province, the resource extraction corporations and both provincial and federal governments. What do I mean by conspiracy?
Because all three of the above conspire to facilitate the use of injunctions to impose the intellectually conniving perceived rights of corporations over the natural rights of the earth and Her inhabitants. When citizens try to stop an obvious harm to land, waterways and habitat for all living things, the corporations turn to the courts. They know the B.C. courts are their friends. Most judges in B.C. were corporate lawyers before becoming judges. They are used to fighting for the artificially perceived rights of death dealing corporations rather than the natural rights of living things to clean water, food, and air to breathe.
But what are these injunctions? Most people know that in some way injunctions make people stop protesting a contested area like Burnaby Mountain, and some even know these injunctions are precipitated by something called SLAPP suits. What is a SLAPP suit? When I heard the actual legal title I was astonished. SLAPP stands for Strategic Lawsuit against Public Participation. How anti-democratic! And blatantly anti-public! And anti-everything except the rights of courts, governments and the corporations they serve. However, with a copy of a SLAPP suit in hand to show they have civilly sued a protester, the corporation can take this back to the court and ask for an injunction (or even before the suit is filed). The judge will most certainly give the corporation the injunction requested (they refuse so rarely it isn’t even worth mentioning) et voila!
Now anybody who steps up to try to block any bit of the corporation’s right to do whatever they chose to do to an area will now be breaking a judge’s order.
The court seems to be taking a slightly different tack with Burnaby Mountain protesters than they did with me in the logging protests; instead of the humiliating demand for an apology to the court that I refused, the protesters are agreeing to some sort of settling out of court. Except for Mr. Allan Dutton, who is refusing to settle and is challenging the right of the courts to give out injunctions instead of using the Canadian Criminal Code to deal with protesters.
Okay, so how would that fix things if the Criminal Code was used instead? The Criminal Code has instructions for just about any crime or misdemeanour one can think of. Blocking a road is against the law. So is refusing to move when a police officer commands it. So the police would simply arrest whoever was breaking the law. And then in court a protester could have an actual trial where the contest would be between the protester and the corporation instead of between the protester and the judge for breaking the judge’s order. That’s why the corporations so love injunctions.
The protester can’t argue in court his or her reasons for trying to stop a destruction of the earth when one is arrested under an injunction. There is no defence for breaking a judge’s order. The question just becomes one of if the protester knew about the injunction and if he or she broke the injunction by refusing to move. That’s it. That is what the Strategic Lawsuits Against Public Participation (SLAPP suits) culminate in, injunctions and humiliating retreats for the protesters.
Except occasionally, for whatever reason, a protester will refuse to retreat. Like Alan Dutton.
This resounds among the populace. It’s heartwarming. It’s hopeful. Courage is inspiring and it’s also contagious.
Alan Dutton, I understand, is to be back in the courtroom Jan. 19. I wish I could be there. Those of you who can, will you please attend and bear witness? And report the results? A warrior is going to be on the stand.
Betty Krawczyk, by email