Raising awareness about the climate crisis versus upholding the rule of law were the issues laid out in front of a judge Monday as three protesters faced charges of blocking traffic close to YVR in October last year.
All three, Donna Clark, Susan Bibbings and James Darling, have pleaded guilty to mischief charges. But Bibbings faces one more count for taking part in another protest in West Vancouver in June. The Crown prosecutor, Ellen Leno, is asking for her to be sentenced to a week in jail.
Defence lawyer, Elisabeth Strain, was asking for conditional sentences for all three, saying a criminal record would impede the paid and volunteer work they do.
Strain outlined how Bibbings, who lives in West Vancouver, suffers from anxiety due to the climate crisis, leading her to take part in the protests.
But the Crown argued that Bibbings requires “specific deterrence” because she took part in the West Vancouver protest in June even while her first charge in Richmond was before the courts. This should be “reflected in the sentence imposed,” which should be a seven-day jail sentence, according to the prosecutor.
In the second protest, Bibbings allegedly glued her hand to the road near the Horseshoe Bay Ferry Terminal.
Leno said conditional sentences for other protesters have not deterred further protests, some of which have shut down public infrastructure.
The primary sentencing principles are "denunciation and deterrence," Leno explained in her submission, which contribute to the "respect for the law and the maintenance of a just, peaceful and safe society."
Leno further argued when people choose to participate in illegal civil disobedience, they should be prepared to face the consequences.
Each of the defendants, however, told the judge, Madame Justice B. Craig, they didn’t plan to take part in future illegal protests.
'Complete despair' over climate crisis
Bibbings told the court her “complete despair” regarding what her four adult children will face as the planet heats up is what motivated her to take part in the protests.
“I am here out of love – I am here out of a mother’s love,” she told the judge.
Her despair and her love made her “desperate” to draw attention to the climate emergency and “existential crisis” humanity is facing.
Bibbings told the judge the climate crisis is so dire, none of her four adult children plan to have children.
She apologized to the drivers she inconvenienced.
Darling, who is a jazz musician from Nanaimo, told the judge he grew up in a family that believed in activism. After his son was born four years ago, he started raising awareness with politicians about the climate crisis, being deeply concerned for his son’s future. He also took part in a 13-day hunger strike.
However, the lack of response from politicians led him to take more “drastic action,” that is, participating in the YVR protest.
Regardless, Darling said he doesn’t plan to take part in illegal protests - “at the time being.”
Clark, for her part, said she was “inspired” by the YVR protest, which she felt was a “positive, safe situation.”
But she told the judge she doesn’t want to be arrested again as it’s been a lengthy process to deal with it, adding she doesn’t have the time nor does she know how effective the protest was.
She also said a criminal record would mean she couldn’t continue her work as a teacher-on-call, which she needs to do for financial reasons.
The court will decide next Monday (Aug. 15) when the sentencing hearing will take place.
