Arrests and Potential Violations of Canadian Constitutional Rights and Freedoms Transpiring on Unceded Shishalh/Skwxwú7mesh Territories

For the past few years, fifty to be precise a very twisted battle formed on top of the already twisted colonial occupation that is also an still an ongoing issue, the primary one in fact.

14212710_649899735166752_8611373520756105484_n

This lesser struggle which effects both indigenous and settlers alike is one against logging, which is not only destroying lands and is not only offensive due to it being visually less preferable. This logging is aiding in destroying waterways which is causing severe water shortages in the communities and is destroying fish spawning habitat and the only success’ that has ever had any success in preventing the destruction has been through direct civil disobedience and that is what is happening once again.

14264148_649899965166729_2504982912529337776_n

 

Yesterday a stand off once again occurred between the community members vs. Peninsula Logging who brought with them the RCMP who were there to enforce an Interim Ex-Parte Injunction Order!

george-fallis-aaron-service

What that means is Peninsula Logging applied for and received an Ex-Parte court order which is a court order which is one sided, the decision has been made with only the knowledge and input from one side, Peninsula Loggings side. The two men in the above photo whom I have never seen before are the recipients of the injunction ‘protection order’ against the community.

14322220_649899848500074_6269775843479766539_n

However with an Ex-Parte Court Order “Persons applying ex parte to the Court must use the utmost good faith, and if they do not, they cannot keep the results of their application.” and they are temporary, they only can be upheld for ten days.

14316818_649899901833402_9161540049322552611_n

Ex-Parte Orders were designed to be used in emergency situations in order to prevent injury to people or their property, basically they are created to provide Emergency Restraining Orders which to protect people from harm after threats, assaults, rapes, murder attempts and other horrific events.

14316705_649899768500082_6526914661640592803_n

An Ex-Parte is a stopgap which must be made on strong evidence that it is preventing serious irreparable harm and these claims must be made in good faith however both parties are expected to settle their dispute at a later date which is how is reasonable in emergency situations which involve potential violence from violent people.

14292420_649899885166737_486172815950011159_n

I have not as of yet read the document however the injunction, (restraining) order which Peninsula Logging took out to protect themselves from the residents of the sunshine coast that the RCMP are actively carrying out does not appear to protect their homes or business offices as far as I know so we are allowed to do business with them, just not to prevent them from doing business. The RCMP are only arresting people who are within the boundaries of the area that Peninsula Logging is planning to clearcut, not only protesters but also people out for a walk, people gathering medicine, people praying will all be arrested within certain areas on our territories. The RCMP will be used for the next ten days at tax payers expense to protect unceded indigenous land from the people in the community who do not want the forest destroyed without fair and reasonable consultation and their very serious concerns to be addressed transparently.

14233262_649899731833419_1498464349993036580_n

Orders like this are very dangerous because they completely strip everyone of their rights and freedoms and that is suppose to only be allowable if someone does indeed commit or threaten to commit a serious violent act against another party. If such an actual threat was made to anyone at Peninsula Logging then I would hope that that person be singled out and punished however the community at large is very peaceful and do have constitutional rights and freedoms which cannot be erased without their having committed a legitimate criminal act, exercising your constitutional rights is not a crime. The injunction that is currently tearing a part this community was issued by a Justice who sits 500 km away in Vernon which is always the case. I have found no evidence of a local Justice ever signing such an order and I have found evidence of people who have been detained during one of these out of the blue police actions against the community that come from a Vernon Justice have had those charges overturned immediately by other Justices because they are unconstitutional. This is how the game is being played, the courts and police are being used by business and violating the rights of the members of the communities. Personally I would rather not have my tax dollars wasted subsidizing bad and unethical business practices which are distressing and weakening the community especially when I contributed in good faith and expect those resources to be better used to directly help the community. The RCMP clearly do not act in that capacity, I have not found any evidence that they are a positive factor, the mere presence of them triggers trauma in many people, so unhealthy.

14292301_649899961833396_5441854377653597862_n

At this time I have been informed that there have been seven arrested and one elder had to be attended by paramedics after police attempted to physically remove him, he was not arrested.

DSC02870

The contested area is still occupied by community members and they are asking for more supporters and witnesses to come and help with this struggle which will continue for the next eight days while the temporary order is in effect. The side which was not included in this decision would very much like a day in court to decide the issue before the forest is destroyed, not after.

feathernew

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s