Following Greenpeace's occupation of Shell's upgrader site in
Fort Saskatchewan last weekend, local and national media have
reported that Stelmach, "slammed the protest Saturday, vowing to do
what he can to … ensure that trespassers are punished to the full
extent of the law" and that he will, "work with the solicitor
general to send a message of his own." Stelmach's comments came two
days before Alberta's Solicitor General issued similar remarks to
the press.
At a news conference, Brian Beresh, senior defence lawyer at
Beresh Cunningham, said Stelmach's comments hint at criminalizing
peaceful environmentalism and raise issues about constitutional
rights, political interference, free speech and the ability of
activists to get fair trials in Alberta. Stelmach's comments are
particularly disturbing as they come at a time when activists have
been charged and their cases have yet to be heard by the court.
Sixteen activists were charged in connection with the Shell
action.
"I fail to see why the government has and wishes to treat my
clients as criminals when they're simply relying on their
constitutional rights through free speech and association in what
is supposed to be a free and democratic society," said Brian
Beresh, senior and prominent defence lawyer at Beresh Cunningham
who has been practicing law for over 30 years. "Premier Stelmach's
public suggestion that he will use the "force of the law to deal
with these people" confirms his lack of knowledge of the limits of
his authority and the clear rule that our system of justice cannot
be interfered with or manipulated for political reasons."
In total, 37 activists have been arrested in the past three
weeks after taking part in three peaceful Greenpeace actions to
highlight the growing human rights and environmental crimes
associated with the tar sands. In the wake of the Premier's
comments, noted legal voices in Alberta criticized his remarks in
the media. "You could well say this smacks of political
interference," said Sanjiv Anand, a law professor at the University
of Alberta. "It also has the appearance of almost being a
mouthpiece for the oil industry," said Tom Engel of the Criminal
Trial Lawyers Association.
"Most of us learned in Grade 5 that it is fundamental to our
legal system that there must be a separation between the premier
and the judicial processes," said Mike Hudema, Greenpeace climate
and energy campaigner. "I am proud that all the activists were
willing to stand up to big oil and the toxic tar sands industry; I
just wish the premier and our world leaders would do the
same."
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Photos will be available at gallery.greenpeace.ca
For more information, please
contact:
Jessica Wilson, Greenpeace media and public relations officer,
(778) 228-5404
Mike Hudema, Greenpeace climate and energy campaigner (780)
504-5601