Category Archives: Protest

Considering the Court’s Reputation: Injunctions and Civil Disobedience

By: Daniella Marchand*

PDF Version: Considering the Court’s Reputation: Injunctions and Civil Disobedience

Decision Commented On: Teal Cedar Products Ltd. v Rainforest Flying Squad, 2021 BCSC 1903 (CanLII)

On September 28th, 2021, Justice Douglas Thompson declined to grant Teal Cedar Products Ltd. an extension to an injunction that was put in place in response to the growing protests, demonstrations, and blockades preventing Teal Cedar’s access to Fairy Creek in British Columbia. Fairy Creek is located northeast of Port Renfrew, on the territory of the Pacheedaht First Nation. This judgement came as the protests and blockades entered their second year, and recently led to the highest number of arrests during an act of civil disobedience in Canadian history. Continue reading →

Alberta Adds Health Care Facilities to the Scope of Anti-Protest Legislation

By: Shaun Fluker

PDF Version: Alberta Adds Health Care Facilities to the Scope of Anti-Protest Legislation

Legislation Commented On: Critical Infrastructure Defence Regulation, AR 169/2021

On September 29, 2021, and on the basis of authority granted under section 5 of the Critical Infrastructure Defence Act, SA 2020, c C-32.7, the Lieutenant Governor in Council issued Order in Council 265/2021 to enact the Critical Infrastructure Defence Regulation. This Regulation adds prescribed health care facilities – including hospitals – to the list of essential infrastructure covered by the Critical Infrastructure Defence Act, which thereby applies the prohibitions in the Act to those facilities. The Premier announced this new regulatory measure on September 28 as a response to anti-vaccine protests held recently at health care facilities. The timing of this announcement and the subsequent enactment of the Regulation was ideal for using it as a discussion item with 1Ls in Law 403 – Legislation – to illustrate how regulations are enacted and come into force. This short comment is intended to share that analysis with ABlawg readers. Continue reading →