Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Wednesday, October 03, 2012

Court tosses fines against environmentalists

OTTAWA – An Ontario court has tossed out fines issued to a group of 13 environmentalists who were detained by the RCMP during a peaceful protest on Parliament Hill in September 2011 when they challenged the federal government’s climate change policies.

One member of the group, Graham Saul, 41, welcomed the provincial court decision by Justice Paulina Brecher on Tuesday, saying it protected their “right and responsibility” to protest “the reckless climate change and energy policies of the Harper government.”

He also said the court decision was a fitting way to celebrate the birthday of the late Mahatma Gandhi, the civil rights leader from India who was known for promoting justice through peaceful action.

“I think that it’s also a vindication of people’s right to use these public spaces as grounds for a protest because that’s what they’re for,” said Saul. “Our Parliament is supposed to represent – is supposed to be a symbol for our democracy.”

The group was among about 100 people who were detained by police and banned from returning to Parliament for a year after they crossed over a temporary fence and peacefully sat on the front lawn of the building to protest a proposed pipeline expansion project in the United States and environmental damage caused by growth in Alberta’s oilsands industry.

Most of the protesters paid the fine of about $65, without contesting it in court

Mark Ertel, a lawyer representing the group of 13, explained that the court dismissed the fines against his clients since an RCMP officer who testified “had no real evidence” to prove that any of the protesters had committed an offence.

“He (the RCMP officer) really had no information as to why the restraining fence was even there,” Ertel said.

He said Parliament would have to change its rules if it wanted to start prosecuting people for protests. For example, he explained that it had changed rules a few years ago to restrict vehicle access to the front door of the main Parliament building.

Saul added that the police officer was not able to remember all of the details about the protest, but he recalled that the participants were “peaceful and polite.”

Natural Resources Minister Joe Oliver, who described some of the protesters last year as “extremists,” declined to comment on the specifics of the court ruling, but said through a spokesman that “controversial projects should be evaluated through comprehensive and independent scientific evaluations, not simply on political criteria.”

Saul suggested that the case would continue to inspire other action, including an ongoing hunger strike against the federal government’s climate change policies that is now being waged by a group that includes three environmentalists who were among the 13 to see their fines overturned.

“I think the energy and climate change policies of the Harper government are dividing Canadians and fuelling conflict,” Saul said. “I think we’re going to see more civil disobedience as more citizens take on their responsibility to stand up to what are ultimately dangerous and unethical policies.”

Original Article
Source: canada.com
Author: Mike De Souza  

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