Melanie Joy Murray and Howard Gerald Breen leaving the Nanaimo courthouse on Monday, May 1, 2023. (Jordan Davidson/NanaimoNewsNOW)

By Jordan Davidson

request denied

Nanaimo ‘Save Old Growth’ protestors lose bid to have court case thrown out

May 2, 2023 | 5:23 AM

NANAIMO — A man and a woman facing various charges for their part in several ‘Save Old Growth protests last year will be heading to trial this summer.

Howard Gerald Breen, 69, and Melanie Joy Murray, 48, were in Nanaimo provincial court on Monday, May 1, after filing a pre-trial motion to have their upcoming August trial stayed or acquitted.

They cited the Charter of Rights and Freedoms, claiming clauses around freedom of expression and assembly were violated during their arrests and in subsequent charges laid against them.

The ‘Save Old Growth’ protests had demonstrators blocking streets and major highways for short periods of time, with signs calling attention to stopping the clear-cutting of old-growth forests in B.C.

Judge Ron Lamperson said their actions conflicted with the values protected under the Charter, specifically section 2(b) the Freedom of Expression, and section 2(c) the Freedom of Peaceful Assembly.

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“Upon considering the case law provided by Counsel and applying it to the facts of this case, I find that while the activities of the applicants had expressive content, thereby bringing it within the sphere of section 2 for protection, the method and location of the activity removes it from that protection.”

Howard Breen (lying on the ground) and Melanie Murray (sitting) blocked traffic on Terminal Ave. at Commercial St. on Jan. 31, 2022, with other supporters and paper signs. Breen also attempted to superglue his hand to the highway. (Jordan Davidson/NanaimoNewsNOW)

Outside of the courtroom, Breen said they weren’t surprised by the judge’s decision but they were still disappointed.

“The Courts sometimes get it wrong, but they always get it wrong when they do absolutely nothing in respect to the global climate emergency that we’re all now currently facing. What are actually climate and nature crimes that should be addressed in the larger contexts, and that’s what we certainly hope our expert testimony will provide both the science and the facts to substantiate that.”

Murray declined to make a comment.

Nanaimo resident Derek Menard awaits his punishment after he pleaded guilty for his role regarding a pair of Vancouver Island highway blockades in 2022.

Breen and Murray will be in court again on June 20 for a criminal pre-trial.

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