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“I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.” ~~ John G. Diefenbaker

They Had To Break The Law To Try To Save Humanity - so argued two BC activists in a Nanaimo courtroom (The Tyee)


Just after noon on August 4, 2023, a boisterous gaggle spilled out of the Nanaimo Law Courts. A handful of supporters surrounded climate activists Howard Breen and Melanie Murray and their lawyer Joey Doyle, celebrating after days of legal wrangling with B.C. Crown prosecutors. Final submissions were months away, and a verdict on Breen and Murray's guilt or innocence won’t be known until at least spring. Yet the activists believe they have already struck a blow for justice.

That moment last summer takes on growing importance as more B.C. activists face prosecution. The legal breakthrough clinched by Breen and Murray could also embolden activists across Canada to ratchet up pressure on governments.

In those four days in a plain provincial courtroom, the judge broke precedent by allowing activists and their lawyer to mount their chosen defence for acts of civil disobedience committed by Breen and Murray: that the peril posed by climate disruption compelled their attention-seeking violations of law.

It’s called a defence of necessity, and it has a long history in the common-law traditions practised in many liberal democracies . . . .

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