Excersise 4 – Civil Disobedience

May 4, 2024 By: Britnie Hearsey

Civil disobedience has played a significant role in raising awareness and catalyzing change in the history of environmentalism in British Columbia. Examples in my region include protests against logging in old-growth forests and demonstrations against pipelines and fossil fuel projects. Civil disobedience has often drawn attention to environmental issues, mobilized public support, and pressured governments and corporations to reconsider their policies and practices. However, its effectiveness in bringing positive change depends on various factors, including public perception, political will, and the willingness of authorities to engage with protesters’ concerns. While civil disobedience can be a powerful tool for environmental activism, its impact may vary depending on the context and strategies employed.
The article by CTV describes the conviction of two protesters in Nanaimo who engaged in civil disobedience by blocking highways and disrupting business at a local bank in 2022. Despite their argument that the protestors’ actions were justified due to the urgency of addressing climate change, the judge ruled against them, stating that their protests did not meet the legal test required for a defence of necessity.
In contrast, the second article discusses the same case but highlights how the trial broke legal ground by allowing the presentation of expert testimony on the necessity of defence.
While the CTV article suggests that civil disobedience may not always lead to positive outcomes within the legal framework, the second article indicates that such actions can advance the cause of justice and highlight the urgency of addressing issues like climate change, even if individual cases may not succeed in court. Ultimately, the effectiveness of civil disobedience may vary depending on legal interpretations, societal attitudes, and the specific context in which it occurs.
These articles reflect the ongoing tension between activism and legal frameworks in British Columbia’s environmental history. They show how civil disobedience has been used to protest ecological threats, such as logging and fossil fuel projects, but also highlight the legal risks activists face. Despite convictions, the trial broke legal ground by allowing expert testimony on the necessity of defence, indicating the ongoing debate over the effectiveness of civil disobedience within the legal system.
I find myself captured by the view of Kimberley Brownlee, UBC philosophy professor. As mentioned in the Tyee article, civil disobedience strengthens the rule of law instead of undermining it. As discussed above, Civil disobedience’s effectiveness hinges on factors like public perception, political will, and authorities’ willingness to engage with protesters. While it can be a potent tool for environmental activism, its impact varies based on the context and strategies used. However, as we’ve seen throughout the documentaries, civil disobedience does bring about change, whereas otherwise, it may not have occurred.

Two climate action protesters in Nanaimo found guilty for protests disrupting traffic and business

https://thetyee.ca/News/2024/05/03/Climate-Change-Activists-Convicted-Civil-Disobedience/