...continued from Part 1
While detained in the Oliver Correctional Center, without access to legal council or the documents pertaining to the injunction, Cooper Creek Cedar’s lawyer attempted to proceed with the Civil Contempt of Court on my June 28th, 2019 appearance before a Supreme Court Judge. Thankfully the judge did not allow the Plaintiff to proceed and insisted I be returned to my community and be given the opportunity to seek legal counsel. I shutter to think what would have happened had Cooper Creek Cedar Ltd been given the opportunity to proceed at that hearing. I may still be sitting in jail at this time or been charged with Civil Contempt of Court with not recourse.
My final words I had wished to express to the Judge were, Is it going to become common practice to expect that Cooper Creek Cedar Ltd to obtain, or attempt to obtain, injunctions to escort themselves into every contentious area of logging within in our communities. Or could there be remedy be found by this company actually providing fair procedural consultation periods and actively, respectfully, addressing our communities’ legitimate concerns and regaining our trust? At which point does it no longer serve the public interest to keep using law enforcement, the court systems, and tax payers dollars to penalize local community members acting out of a last line of “Defence of necessity” when all other “proper Channels” have failed us? Especially considering, even according to legislation under which these companies operate, it is up to the forest companies, not the government, to decide on the safety and impact of their logging plans. So, are they doing their due diligence? Or just checking off boxes and counting on other failed systems to “get us out of the way” and convict us as the criminals as they conduct their “business as usual” crimes against humanity practices.
In closing, I approached the courts to consider that, while although there may be substantial evidence to warrant a conviction of civil contempt of court, that the courts also consider that there is also substantial evidence to warrant that it would not be in the best public interest to do so in this case. So, in the end, did this hearing result in a “win” or simply narrowly missing a conviction based on false pretence?
Jessica Dawn Ogden (facebook page)
GoFundMe (Legal fees): https://www.gofundme.com/f/jessica-dawn-ogden-legal-fees?fbclid=IwAR1BIpS51LYBhI_Mn5GB268951eC-wAbNFlYfbGiD7-ifgXha5NXwe-ZcH0
GoFundMe (Direct Actions fund): https://www.gofundme.com/kootenay-water-is-life
Or E-transfer direct to Kootenaywaterislifegmail.com
-Article After Final Hearing on July 25th, 2019
Nelson Daily Articlehttps://thenelsondaily.com/news/water-activist-escapes-wrath-courts?fbclid=IwAR0Xn6HkbGa55c0IMwycbXR5s9qHRLisAoXEYBrTi_p4aOM7Y9CxL66wQCo#.XTxcAmnH_kg.facebook
-Article of Our Kootenay Water Struggle with Brief mention of our arrests at Balfour Watershed
-Article of Arrest at Balfour Watershed on June 21, 2019
Valley Voice http://valleyvoice.ca/valley-voice-online/
July 4th, 2019 editionhttp://www.valleyvoice.ca/_PDF_2016/ValleyVoice190704web.pdf
June 20th, 2019 edition (pg 6 “Camp set up to oppose Balfour Watershed Logging”)http://www.valleyvoice.ca/_PDF_2016/ValleyVoice190620web.pdf
-Background of the Balfour/Laird Creek Watershed Battle against Cooper Creek Cedar
October 18, 2018 (Logging Protestors Show up in Balfour pg 23)http://www.valleyvoice.ca/_PDF_2016/ValleyVoice181018web.pdf
November 1st, 2018 (Liard Creek Watershed Logging pg 5)http://www.valleyvoice.ca/_PDF_2016/ValleyVoice181101web.pdf
November 15th, 2018 (Watershed water users call out Ministry of Forests pg 3 paragragh 2)http://www.valleyvoice.ca/_PDF_2016/ValleyVoice181101web.pdf
November 29th, 2018 (Water is Life Rally highlights watershed logging issues)http://www.valleyvoice.ca/_PDF_2016/ValleyVoice181129web.pdf
-Article from Cooper Creek Cedar’s previous attempt to have protesters arrested and charged with “Intimidation” without an injunction.
March 14th, 2019 (Water is Life protestors working towards changes in forestry practices pg3)http://www.valleyvoice.ca/_PDF_2016/ValleyVoice181129web.pdf
April 11th, 2019 (Changes needed to forestry legislation pg 5, paragraph 4)http://www.valleyvoice.ca/_PDF_2016/ValleyVoice190411web.pdf Links to videos of our events and our interview with Watershed Sentinel
Water Is Life Event, Nelson, BChttps://www.youtube.com/watch?v=YW2K5Xanl3A&t=327sBalfour Water Crisis video
, Balfour, BChttps://www.youtube.com/watch?v=BRjij-7jXyI&fbclid=IwAR2JZuh9kFoJtzo-H6Behf-fuPJekVRW-vRWoNdE_UGE2oe4ty5ODILS4xY&app=desktopWatershed Sentinelhttps://watershedsentinel.ca/articles/and-the-cut-goes-on/
Reply From Sarah Cox
Thank-you for getting in touch with The Narwhal. We’re sending a videographer to the Kootenays to make a video about clear-cutting in watersheds, and I will pass on this information to both my editor and the film maker. It may take us a few days to get back to you, but we will!
All the best,