‘Forced to do so by a higher calling:’ Indigenous woman awaits sentencing in Nanaimo for illegal logging protests

A time served sentence was countered by the defence and any further incarceration to be under house arrest with strict conditions.

The defence spoke about Davidson’s Indigenous heritage and why she felt it was her duty as a land protector to head to Fairy Creek and try to protect old growth in the area, with the large cedar trees considered sacred to her culture.

Davidson said she was also acting under the direction of elders to protect the land and nature.

Davidson was part of protests where demonstrators were upset the Cedar Forest Products company were granted permits to cut timber in the area, including old-growth trees.

However, Crown prosecutors made the argument “Ms. Davidson did not identify an Indigenous law that compelled yet alone permitted the contravention of various court orders or engage more generally as a land guardian on another nations territory.”

She continued to attend the area and participate in protest activity with her last offence date of Jan. 28, 2023.

Reason’s given were to deliver food or aid to the area, along with helping with the search for Bear Henry, a two-spirited Fairy Creek protestor who went missing in the area for more than 10 weeks after their vehicle broke down, who was found on Feb. 9, 2022.

A large crowd of supports blocked a portion of Front St. in front of the Nanaimo courthouse on April 4 during the first day of sentencing for Angela “Rainbow Eyes” Davidson for contempt of court charges related to the Fairly Creek logging protests in 2021-2022. (Jordan Davidson/NanaimoNewsNOW)

Davidson Speaks
Speaking in court on April 5, Davidson said she understands why the actions she took brought the charges against her, and said “breaking my word was my error.”

“I did not do so in order to disrespect this court, but I was forced to do so by a higher calling, one that I have been taught by my grandparents, elders, spiritual leaders of our Nations. And also because of the dangers we all face at this time on our planet as a collective.”

She stressed her cultural traditions of preserving the land as her duty as land protector,

“Cross-culturally, and traditionally, our word is what we need to live up to. I cannot take this back, but, if I were to do it over, I would most definitely do it differently.”

Speaking directly to justice Christopher Hinkson, defence attorney Elizabeth Strain mentioned his concern Davidson would be compelled to violate any further restrictions if she “hears the call of her elders.”

To show the court their clients intention to follow the order, Strain had two Vancouver Island Indigenous elders, Bill Jones and Rose “Grandma Losah” Henry, who were present in court on Friday, supporting Davidson, to rise and address the court.

Strain asked them if they would not ask Davidson to do anything which would disobey her promises to the court, which both elders agreed they would.

Davidson said she plans to continue her land guardianship and advocacy work through legal avenues as the deputy leader of the Green Party of Canada and as part of the Congress of Indigenous People.

She said she would not return to the Fairy Creek area “until the court allows.”

Fairy Creek protests regarding the logging of old growth forests ended in Dec. 2023, with the injunction expiring in September.

Davidson’s sentencing hearing will resume on April 24., while it’s unclear when a judgment will be rendered.

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On Twitter: @JordanDHeyNow

by Jordan Davidson

‘Forced to do so by a higher calling:’ Indigenous woman awaits sentencing in Nanaimo for illegal logging protests

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