BC Court of Appeal orders release of Green Party Deputy Leader

April 30, 2024 at 2:40 pm  Federal, Politics

VANCOUVER, BC (Musqueam, Squamish and Tsleil-Waututh Territory) — The BC Court of Appeal has ordered the release of Kwakwaka’wakw land defender and Green Party of Canada Deputy Leader Rainbow Eyes (Angela Davidson), pending her appeal against a sentence of 60-days jail for criminal contempt of court in connection with the Fairy Creek protests in 2021 and 2022.

We are still trying to braid the laws — the Indigenous and natural laws, and the colonial laws,” Rainbow Eyes says. “I did not see this during my trial unfortunately. So I’ve appealed the sentence and am asking the Court of Appeal to recognize these laws in a way that Chief Justice Hinkson did not. We are in a time of reconciliation and action, raising awareness about our collective history and duties in the face of the ecological and humanitarian crises in our world.”

Rainbow Eyes was sentenced to jail on April 24 by BC Supreme Court Chief Justice Christopher Hinkson and she has been incarcerated at the Alouette Correctional Centre for Women in Maple Ridge since then. She filed an appeal against the sentence on Friday (April 26) and is being released this morning on bail, following a hearing at the Court of Appeal.

During her trial, Rainbow Eyes called witnesses including Pacheedaht Elder Bill Jones, Coast Salish Elder Klasom Satlt’xw Losah (Rose Henry) and Kwakwaka’wakw Hereditary Chiefs Walas Namugwis (David Mungo Knox) and Ye-kue-kalas (David Daniel Hanuse).

“I asked Rainbow Eyes and numerous others to come to my territory to defend our great mother’s gift to us for our spiritual and religious practice,” says Pacheedaht Elder Bill Jones. “Rainbow Eyes was and is faithful to that cause and continues to show strength and dedication in her resolve in the protection of our great mother’s gift to us.”

 Rainbow Eyes’ notice of appeal cites several errors of law in Chief Justice Hinkson’s reasons for sentence, including failing to properly apply Gladue principles and failing to place sufficient weight on the fact she was assisting in the search for a missing Coast Salish Indigenous person on two offence dates.

 “Rainbow Eyes believes that Chief Justice Hinkson engaged in an unreasonable balancing in imposing a sentence of 60 days jail,” Rainbow Eyes’ defence counsel Ben Isitt says. “She has appealed the sentence and is asking the Court of Appeal to conduct a proper Gladue analysis that takes into account her duties as a Kwakwaka’wakw land guardian protecting cedar trees at Fairy Creek and assisting in the search for a missing Coast Salish person.”

Alongside her duties with the Green Party of Canada, Rainbow Eyes serves as an elected Council member of Da’naxda’xw First Nation of Knight Inlet. She addressed delegates at the United Nations Biodiversity Conference in Montreal in 2022 and is widely recognized as a leading voice within both Indigenous and non-Indigenous communities.

The Fairy Creek protests of 2021 resulted in the largest number of arrests for civil disobedience in Canadian history, with nearly 1200 people arrested on the front lines in Pacheedaht and Ditidaht territory on southern Vancouver Island. Approximately 350 people were subsequently prosecuted for contempt of court by the BC Prosecution Service, with half of those charges dropped due to errors in the RCMP’s handling of enforcement operations.

###

For further information, please contact:
Rainbow Eyes (Angela Davidson), 250-204-3567
Ben Isitt, Legal Counsel for Angela Davidson, 250-882-9302

View the full article from the original source

No conversations yet

Activity Stream

Wed, Dec 4, 2024 at 9:00 am - Doug Smith posted on their blog: Hiking the Uplands Trails in Fall
Sat, Nov 30, 2024 at 9:00 am - Doug Smith posted on their blog: Low Iron – Triple Lumen Hike
Thu, Nov 28, 2024 at 8:00 am - David Suzuki posted on their blog: Do these politicians understand carbon?
Wed, Nov 27, 2024 at 3:04 pm - Kamloops Film Society posted on their blog: KFS Holiday Giving – Nov 2024 – The Kamloops Film Society
Tue, Nov 26, 2024 at 9:00 am - Doug Smith posted on their blog: Sugarloaf Hill Hike – KamloopsTrails
Fri, Nov 22, 2024 at 9:00 am - Doug Smith posted on their blog: A Fall Hike to Moul Falls
Thu, Nov 21, 2024 at 8:00 am - David Suzuki posted on their blog: Climate progress is unstoppable, despite U.S. election
Mon, Nov 18, 2024 at 9:00 am - Doug Smith posted on their blog: Dewdrop Ridge – Bluebird Trail Loop
Fri, Nov 15, 2024 at 9:00 am - Doug Smith posted on their blog: Upper Grasslands Track – KamloopsTrails
Thu, Nov 14, 2024 at 8:00 am - David Suzuki posted on their blog: Let’s leave gas in the past — especially for buildings
Full Stream

Upcoming Events

KAG: Presences
Thursday Sep 26 to Thursday Dec 19
KAG: Stories That Animate Us
Saturday Oct 5 to Saturday Dec 28
Adult 6 Week Mixed Media Workshop
Monday Nov 4 to Monday Dec 9
Winter at Privato
Sunday Nov 17 to Sunday Dec 22
WCT: Disney’s Beauty and the Beast
Thursday Nov 21 to Monday Dec 8
Meet Santa at Sahali Mall
Saturday Nov 30 to Monday Dec 23
Gingerbread House Competition 2024
Sunday Dec 1 to Tuesday Dec 24
Kamloops Comedy Open Mic
Wednesday Dec 4
All Events