Angela "Rainbow Eyes" Davidson (centre) with supporters outside of the Nanaimo courthouse on April 24 prior to being sentenced to 48 additional days in jail and 75 hours of community service for repeated contempt of court charges related to old-growth logging protests in Fairly Creek in 2021-2022. (Jordan Davidson/NanaimoNewsNOW)

By Jordan Davidson

rainbow eyes

Nanaimo judge hands old growth logging protestor additional jail time

Apr 24, 2024 | 1:47 PM

NANAIMO — An Indigenous land protector will spend an additional 48 days in jail following sentencing arguments in BC Supreme Court in Nanaimo.

Angela ‘Rainbow Eyes’ Davidson, 38, was sentenced to 60 days in custody with credit given for 12 days served and 75 hours of community service on Wednesday, April 24 after being found guilty earlier this year on seven counts of contempt of court.

During a lengthy hour-and-a half long ruling in front of a packed, emotionally charged courtroom gallery, Justice Christopher Hinkson said Davidson continued violating the court injunction after her first arrest for contempt.

“Ms. Davidson has shown herself incapable or unwilling to abide by conditions in the past, as a result, I’ve concluded that a conditional sentence would be inappropriate.”

The charges stem from several incidents northeast of Port Renfrew in the Fairy Creek watershed and old-growth forests from May 2021 to January 2022.

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Court heard Davidson repeatedly breached the court injunction to not go into the area, as well as her subsequent bail conditions following her initial arrest.

The Crown had argued for at least 39 more days in jail as well as community service, while the defence argued for a conditional time-served sentence, with any further incarceration in the form of house arrest with strict conditions.

A member of the Kwakwaka’wakw First Nation, part of Davidson’s defence stemmed from her role as an Indigenous land protector, but justice Hinkson disagreed.

“She was protesting on land that was not within her jurisdiction…I’ve found that despite Ms. Davidson’s history, her offences themselves did not arise from systemic factors of her background, whether as the cause or otherwise. Coming to this conclusion, I have considered all unique systemic and background factors…Ms. Davidson’s Indigenous status does not shift the primary objectives of denunciation and deterrence in her case.”

The courtroom was filled with supporters of Davidson, including leader of the Green Party of Canada Elizabeth May, where Davidson serves as deputy leader.

Once Justice Hinkson finished outlining his rationale for judgement, the crowd reacted with chants of “shame!”, and “time to retire” as Hinkson left the courtroom.

The crowd continued to voice their displeasure regarding the sentencing, banging drums and chanting an Indigenous song in unison in court.

Several members of the crowd had to be asked to stop unsanctioned filming of court procedures, while at least one person had to be told multiple times to turn off their cell phone.

No stranger to environmental activism, Davidson was also part of a protest in downtown Nanaimo on Oct. 30, 2021, in opposition to a log barge stationed at the port.

At the time, she said they were not activists, “this is just how we live our life.”

“The RCMP will start arresting people and it’s B-S, it’s f***ing B-S. They’re going to make us the criminals, they have, but we’re going to remember this for the rest of our lives.”

Supporters of Davidson also staged a demonstration outside the Nanaimo courthouse prior to her appearance.

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jordan@nanaimonewsnow.com

On Twitter: @JordanDHeyNow