Just last week, the Green Party of Canada Deputy Leader, Rainbow Eyes (Angela Davidson), was sentenced to a 60-day jail sentence for criminal contempt of court with 2021’s Fairy Creek protests on Vancouver Island.
Her sentencing date was on Wednesday, April 24th and two days later, Rainbow Eyes and her legal counsel, Ben Isitt filed for appeal, securing her release on bail as of Monday, April 29th. Isitt was formerly a Victoria city councillor.
Both Isitt and Rainbow Eyes say they believe that because she is a Kwakwaka’wakw land defender and was working in that capacity during the Fairy Creek protests, she should not be punished.
“We are still trying to braid the laws — the Indigenous and natural laws, and the colonial laws,” said Rainbow Eyes. “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.”
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During Rainbow Eyes’ trial, one of several Indigenous leaders of west coast First Nations who acted as witnesses for her was Pacheedaht Elder Bill Jones who says that he has called upon her to aid in the land defending initiative which led to her arrest.
“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.”
According to Isitt, her notice of appeal cites several errors made by Chief Justice Hinkson regarding the reasons for the sentence.
Rainbow Eyes’ lawyer says that specifically, Hinkson failed to apply proper Gladue principles and failed to place sufficient weight on the fact she was siding in the search for a missing Coast Salish Indigenous person on two offence dates.
Gladue principles require sentencing judges in Canada to consider systemic and background factors of the offender.
“Rainbow Eyes believes that Chief Justice Hinkson engaged in an unreasonable balancing in imposing a sentence of 60 days jail,” said Isitt.
“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.”
In total, more than 1,100 protesters were arrested at Fairy Creek and during the standoff, police came under mass scrutiny for their tactics and for imposing restrictions on media coverage in the area.
Around 350 of that 1,100 were subsequently prosecuted for contempt of court with nearly half of the charges then being dropped due to the RCMP’s errors in how they handled their enforcement, according to Isitt and Rainbow Eyes.
, was sentenced to a 60-day jail sentence for criminal contempt of court with 2021’s Fairy Creek protests on Vancouver Island. ){kind=link}