Defending Fairy Creek in Court: Lessons from Leonard Cohen

Like a bird on the wire

Like a drunk in a midnight choir

I have tried in my way to be free

These, the first three lines of Leonard Cohen’s song “Bird on the Wire”, spring to mind when hovering over the dilemmas and dangers still facing the forest defenders at Fairy Creek. 

While Cohen said the song inspired by a woman, it is also about freedom. And yes, the responsibilities that come with the right to freedom, but only in a free society, with the right to free expression, the right to free assembly and to free association, the right to protest and demonstrate peacefully against perceived wrongs commented by the government, are both these freedoms and responsibilities acknowledged. And most importantly, it is the right for all to appear before unbiased court systems where people are able to rise up and take on the responsibility of creating a more just and equitable society. 

BC’s Ministry of Forests Doug Donaldson recently said that he recognized the way old growth forests are managed is an “emotional, divisive, and complex issue” and while people can peacefully protest, the ministry expects all people to “follow the law”. Odd that Mr. Donaldson doesn't appear so concerned about the law when it was the representatives of the law itself who were brutally mistreating the forest defenders. The Minister also said that they would be “working with stake holders to establish a better way to manage forests...”

It is the phrase “stake holders” that troubles me the most.  Who are the stakeholders?  When the forest defenders get into court, they will be shocked at how the court may describe stakeholders, at least as they have in the past.  In the past the courts have primarily acted as a closed club against environmental arrestees and environmental arrestees ain’t in it. In this case the club of legal “stake holders” will consist of:

·       Teal-Jones and share holders,

·       The provincial government, 

·       The forest workers unions and organizations,

·       The Attorney General of BC,

·       The RCMP, and

·       The past poor performance of court appointed lawyers.

While selected First Nations’ representatives will be included in “the club”, and treated with a feigned respect, ,much will be made of the division between them at Fairy Creek and used primarily as a wedge to further divide First Nations’ peoples.

In the courtroom the arrestees may begin to feel as disoriented as Cohen's drunk who had stumbled into a church choir when they begin to recognize in a gut way the power of the forces arrayed against them. They may even begin to sway a bit like a bird on a wire.  Especially when they begin to understand the nature of the conversation the judge wants to have with them or their lawyers. To find what it is all based on will astonish some of them.  It did me. The primary question will be asked of an arrested is “Have you personally been financially disadvantaged by the logging at Fairy Creek?” That is, has the logging cost you money?

Your answer will have to be no because if you had a financial stake in the logging then you probably wouldn’t be protesting the logging.  So the judge will rule, if he or she follows precedent, that you have “no legal standing” in the matter.” This means that you have no right to claim that Teal Jones is doing you a personal injury, unless you can clime a physical injury, and you will not be allowed to continue with legal arguments in your defense.  So what can you do? 

First, insist that you, living in BC, have a right to be considered an equal stakeholder as you also have a monetary stake in the survival of the province environmentally. Without environmental survival, we all lose financial standing in the matter. You can also challenge that justice is not served by tying legal rights to defend oneself to one’s individual money loss or gain in the claim, and that justice is only served by full discovery and disclosure of intent and purpose of the accused.

Consider...it has been over twenty years since the Clayoquot Sound blockades and in the meantime, environmental awareness and challenges have become front and center around the world.  Most of us now know how trees are part of climate, how the universal practice of clearcutting leaves the land severely damaged, making it hotter with frightful opportunities for the ever-increasing forest fires. The young people at Fairy Creek see this and worry for their future. When a government is so unresponsive to the burning of their province how are the young to react?   

You Fairy Creek Forest Defenders are truly birds on the wire. Your physical courage and determination are becoming legendary but the courtroom is a whole other country. Be respectful and humble in the courtroom, but with the dignity and determination of persons who are not afraid to fight for the freedoms they believe in and the things they hold dear. Just don’t be afraid. Your cause is righteous. And I beseech you to keep this thought in mind...this is not just a struggle only for a certain forest in BC, but for forests all over the world. Trees, bees, plants, animals, including humans, all communicate with each other. Everything is connected.  And so is freedom. So is courage. I keep you close in my heart.