HAVE YOU HAVE BEEN TO JAIL FOR JUSTICE? SHAKE MY HAND
Have you been to jail for justice? I want to shake your hand
Cause sitting in and lyin’ down are ways to take a stand
Have you sung a song for freedom? Or marched that picket line?
Have you been to jail for justice? Then you’re a friend of mine … Anne Feeney
These lyrics by Anne Feeney speak to a fundamental thirst in most of us for
freedom from rank injustice. And the injustice coming down on us all, in the
words of another song writer, Bob Dylan, is expressed in his lyrics: A HARD
RAIN IS GONNA FALL. This rain is already falling in the sense of environmental
disruption at the same time the economic storm clouds are threatening to burst
open. Both of these phenomena are the result of rank injustice perpetrated on all
earth forms by a few psychopathic humans. These socially undeveloped humans
unfortunately wind up in charge of both global environmental and economic
policies.
The leaders of nation states of much of the world who have given leave to
corporations and banks to continue tearing up the rest of our planet physically,
in the end, also tear up global economies, including our own. In my opinion,
people in these positions who have proven to be so vicious in their destruction
of the medium of exchange and the earth itself should spend the rest of their
lives in prison (I don’t believe in capital punishment). But we, the swindled ones,
stripped of the surety that our leaders care a fig for us, must learn to swim, or at
least to paddle. One thing we might seriously consider as a paddle is peaceful civil
disobedience.
There are two ways to go with peaceful civil disobedience. One is to attend a rally
where a protest against the rank injustice of social, environmental or economic
depravity being perpetuated upon us all has become too outrageous to bear, and
take part in the protest. If the police appear and tell you to move and you refuse,
you will probably be arrested. If the powers that be (hereafter referred to as
TPTB) are not really afraid of you and your friends (at least at this point)) you will
probably be released in the police station with no more than a stern warning.
However, if TPTB feels threatened, or if there is an injunction against the rally
or blockade action you have joined, the process will probably be different. You
may be charged with something like trespassing, or being a nuisance, or blocking
traffic, or you may be charged with disobeying a judge’s order, which is another
name for being charged with Contempt of Court. The most serious is to be
charged with Contempt of Court.
For any of the charges you will probably have to appear before a judge in open
court. However, you can still be released from the police station until the date
you have to appear before a judge if you agree to sign a piece of paper making
you promise three things…to appear for the court date, not to return to the
protest or blockade where you were arrested and not to participate in any other
unlawful conduct (joining other protests or blockades under injunction) until your
court appearance. If you refuse to sign the undertaking (the promises) you will be
held in custody until trial.
What is an injunction exactly and how did the corporation, bank, or government
agency get such a thing in order to dispel a blockade or bothersome protest?
The logging or mining company, Retail Corporation or government agency,
Occupy movement, any citizen’s rally or protest gathering that could turn into a
blockade, or are already under the formation of a citizen’s blockade, can go to
the BC courts, and show cause for wanting the injunction. Our BC courts are the
most conservative and industry friendly than any in Canada. Our BC courts give
out more injunctions than any other province to protect industry from citizen’s
displeasure. We have been dubbed the province that governs by injunction.
And you, who as an individual, have joined a protest or blockade group that
is under an injunction, are taken into custody and charged with disobeying a
judge’s order (Contempt of Court) or any of the other charges that might turn
into Contempt of Court charges are faced with a big decision. If you sign the
undertaking you will be freed until your court appearance. However, by the
very act of signing the undertaking you are in effect, regarded as conquered
by the TPTB. There is no defense against Contempt of Court. It’s beautifully
rigged by the law. You have defied an individual judge’s order. No matter how
evil and destructive the work being done, no matter how gross and disgusting
the company doing the work, that one BC judge’s ruling is so precious that
entire BC forests have been felled, salmon streams ruined, watersheds fouled,
entire mountains denuded and topsoil eroded and poisoned. And after years of
momentous struggles with monster companies and courts by the people, BC is
now more threatened with environmental destruction than ever before. But if
there is no defense for Contempt of Court then is there any possibly of making a
blockade successful in the future? More next time.
Disobeying a statute
ReplyDelete126. (1) Every one who, without lawful excuse, contravenes an Act of Parliament by wilfully doing anything that it forbids or by wilfully omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Attorney General of Canada may act
(2) Any proceedings in respect of a contravention of or conspiracy to contravene an Act mentioned in subsection (1), other than this Act, may be instituted at the instance of the Government of Canada and conducted by or on behalf of that Government.
R.S., 1985, c. C-46, s. 126;
R.S., 1985, c. 27 (1st Supp.), s. 185(F).
Disobeying order of court
127. (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Attorney General of Canada may act
(2) Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner.
R.S., 1985, c. C-46, s. 127;
R.S., 1985, c. 27 (1st Supp.), s. 185(F);
2005, c. 32, s. 1.
Claim as of right is the lawful excuse. Governments are mere CORPORATIONS who have usurped power and are acting in a defacto capacity.
Disobeying a statute
ReplyDelete126. (1) Every one who, without lawful excuse, contravenes an Act of Parliament by wilfully doing anything that it forbids or by wilfully omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Attorney General of Canada may act
(2) Any proceedings in respect of a contravention of or conspiracy to contravene an Act mentioned in subsection (1), other than this Act, may be instituted at the instance of the Government of Canada and conducted by or on behalf of that Government.
R.S., 1985, c. C-46, s. 126;
R.S., 1985, c. 27 (1st Supp.), s. 185(F).
Disobeying order of court
127. (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Attorney General of Canada may act
(2) Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner.
R.S., 1985, c. C-46, s. 127;
R.S., 1985, c. 27 (1st Supp.), s. 185(F);
2005, c. 32, s. 1.
Claim as of right is the lawful excuse. Governments are mere CORPORATIONS who have usurped power and are acting in a defacto capacity.
Disobeying a statute
ReplyDelete126. (1) Every one who, without lawful excuse, contravenes an Act of Parliament by wilfully doing anything that it forbids or by wilfully omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Attorney General of Canada may act
(2) Any proceedings in respect of a contravention of or conspiracy to contravene an Act mentioned in subsection (1), other than this Act, may be instituted at the instance of the Government of Canada and conducted by or on behalf of that Government.
R.S., 1985, c. C-46, s. 126;
R.S., 1985, c. 27 (1st Supp.), s. 185(F).
Disobeying order of court
127. (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Attorney General of Canada may act
(2) Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner.
R.S., 1985, c. C-46, s. 127;
R.S., 1985, c. 27 (1st Supp.), s. 185(F);
2005, c. 32, s. 1.
Claim of right is the lawful excuse. Governments are mere CORPORATIONS who have usurped power and are acting in a defacto not a dejure capacity.