By Andy Evens
Staff Reporter
A judge who sentenced 73-year-old Betty Krawczyk to one year in jail for blocking a logging road In defiance of a court order was out of line, BC.s highest court ruled yesterday.
The B.C. Court of Appeal said the sentence was "harsh" and-"demonstrably unfit." B.C. Supreme Court Justice Glen Parrett had directed that Krawczyk -spend the entire year in prison.
The appeal court sentenced the environmental activists and great-grandmother to time served- four months and 10 days - for criminal contempt of court.
"Peaceful protest on a logging road is considered more heinous than actual criminal activity such as the Hells Angels dealing drugs because drug dealers don't challenge corporate values," Krawczyk said in a statement on her release from the Burnaby Correctional Center for women.
When I stood on that road, it affirmed human values over the profit motive and that's considered far more dangerous by corporations and governments."
International Forest Products had a court order banning protesters from hampering logging In the Elaho Valley In the summer of 1999.
For defying the same Elaho injunction last May - eight months after the protest that led to Parrett's one-year sentence -Krawczyk was sentenced by a different judge to six weeks In jail plus three weeks already served.
Parrett "went way off the deep end," said lawyer Rick Brooks, who defended one of the 13 protesters who were tried with Krawczyk.
"The sentence was appalling." Krawczyk's lawyer, Glen Orris, said the 17-page decision should send judges the message that a no-parole direction should only be done in exceptional cases.
Normally, parole eligibility kicks in after an offender has served one-third of his sentence.
Appeal Court Justice Ian Donald, who wrote the decision, noted Parrett's sentence had "the potential effect [paradoxically] of further diminishing the public's respect for the court."
"I think it Is appropriate to take this opportunity to discourage sentencing judges from making directions in contempt cases which purport to supercede the ordinary process in the administration of a jail sentence."
B.C. Civil Liberties Association President Craig Jones said the case highlights the problem of charging logging protesters with Contempt of court a seven-year-old policy of the provincial government - rather than an offence such as mischief.
"Injunctions are supposed to be a last resort," said Jones.
Interior spokesman Steve Crombie said: "The key for us was the chief justice's comment about the importance of everybody observing the law. We feel very strongly about that and hope we can avoid these situations in the future."
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Recent related story printed in local paper
'Terrorists' attack logging machinery
The latest round of destruction to logging equipment has damaged the environment, threatened the livelihood of the machines' owner and his crew, worried downhill water users, and angered both environmentalists and loggers.
Nelson RCMP are investigating the incident, which happened at Airy Creek. Sometime between 6 p.m. January 9 and 5 a.m. the next morning, someone slashed tires, punctured radiators, cut lines and threw debris into hydraulic, oil and fuel tanks on several machines. They also removed the tarps which are left under the equipment to catch any drips or leaks. As a result, the oil, fuel and antifreeze poured directly onto the ground.
"That's what really struck us as being a little unique about this," says Sgt. Jim Reaburn.
Damage to equipment and loss of income is estimated in the range of $100,000. The Ministry of Environment is assessing how much damage to the environment was done, and the Provincial Emergency Program in Victoria was advised of the spill. Police said there was no immediate risk to the watershed or water users, although the site is within 200 meters of Airy Creek.
The machines are owned by various contractors working for Slocan Forrest Products: the company has assumed responsibility for the cleanup.
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Comment from web master
Its a very long story about Slocan Forrest Products, it would take stacks of zip disks to hold everything.
Briefly there are a lot of local residents who feel that Slocan
Forests Products is one of the worst logging outfits here in
BC.
The fact that it is BC owned and backed by the BC government and the fact that the Courts always rules for
Slocan Forrest Products leaves a bitter taste in the mouths of local residents. When a government ignores the people it can be expected that some will resort to stronger action.