Prominent lawyer questions Stelmach's interference in judicial system

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Prominent Alberta lawyer Brian Beresh

Following Greenpeace's occupation of Shell's upgrader site in FortSaskatchewan last weekend, local and national media have reported thatStelmach, "slammed the protest Saturday, vowing to do what he can to …ensure that trespassers are punished to the full extent of the law" andthat he will, "work with the solicitor general to send a message of hisown." Stelmach's comments came two days before Alberta's SolicitorGeneral issued similar remarks to the press.

At a news conference, Brian Beresh, senior defence lawyer at BereshCunningham, said Stelmach's comments hint at criminalizing peacefulenvironmentalism and raise issues about constitutional rights,political interference, free speech and the ability of activists to getfair trials in Alberta. Stelmach's comments are particularly disturbingas they come at a time when activists have been charged and their caseshave yet to be heard by the court. Sixteen activists were charged inconnection with the Shell action.

"I fail to see why the government has and wishes to treat my clients ascriminals when they're simply relying on their constitutional rightsthrough free speech and association in what is supposed to be a freeand democratic society," said Brian Beresh, senior and prominentdefence lawyer at Beresh Cunningham who has been practicing law forover 30 years. "Premier Stelmach's public suggestion that he will usethe "force of the law to deal with these people" confirms his lack ofknowledge of the limits of his authority and the clear rule that oursystem of justice cannot be interfered with or manipulated forpolitical reasons."

In total, 37 activists have been arrested in the past three weeks aftertaking part in three peaceful Greenpeace actions to highlight thegrowing human rights and environmental crimes associated with the tarsands. In the wake of the Premier's comments, noted legal voices inAlberta criticized his remarks in the media. "You could well say thissmacks of political interference," said Sanjiv Anand, a law professorat the University of Alberta. "It also has the appearance of almostbeing a mouthpiece for the oil industry," said Tom Engel of theCriminal Trial Lawyers Association.

 "Most of us learned in Grade 5 that it is fundamental to our legalsystem that there must be a separation between the premier and thejudicial processes," said Mike Hudema, Greenpeace climate and energycampaigner. "I am proud that all the activists were willing to stand upto big oil and the toxic tar sands industry; I just wish the premierand our world leaders would do the same."