‘We did not act boldly enough:’ environmental protestors sentenced for string of disruptions around Nanaimo

A joint submission crafted for Murray and ultimately accepted by judge Lamperson resulted in 12 months probation and 50 hours of volunteer community work service.

Breen, facing six mischief and a pair of breach of undertaking charges, will serve a nine-month conditional sentence order (CSO), followed by 18 months probation for the mischief charges, with 12 days of time served credited for the breaches of the undertaking.

Breen will be under 24/7 house arrest during the first six months, only permitted to leave his home for groceries, medical appointments, and other approved outings.

He will have 18 months to pay a $1,000 fine in relation to the Oct. 25, 2021 incident when he walked onto the tarmac of the Nanaimo Airport carrying an Extinction Rebellion flag, which Breen co-founded the Vancouver Island chapter, and spray-painted the tarmac.

Breen is also banned from the Nanaimo Airport and Nanaimo Port Authority during his sentence.

Sentencing arguments were heard on Friday, Oct. 25 in provincial court in Nanaimo with a primary focus on Breen.

Crowns arguments
Crown Counsel’s Neal Bennet said while the Crown doesn’t take issue with lawful protests, it must be within the boundaries of the law.

“The right to protest does not include the right to substantially impair the rights of other citizens in their Charter-protected rights, including enjoying and using public property, which is at the heart of these many issues,” Bennet told court.

The Crown wanted Breen to serve at least six months behind bars, while the defence asked for a community based sentence of a similar length.

The Crown argued Breen differs from other convicted environmental protestors due to his prominent roles in the Save the Old Growth Forests and Extinction Rebellion Vancouver Island (ERVI) groups, his long history of activism, and the number of charges.

Howard Breen (L) and Joy Murray outside the Nanaimo courthouse on Friday, Oct. 25 prior to their sentencing hearing. A group of around 20 supporters were in attendance. (Jordan Davidson/NanaimoNewsNOW)

Defence
Defence counsel Joey Doyle argued a CSO would be appropriate, citing Breen’s age and health conditions, wanting to continue working part-time, and because he’s followed strict bail conditions since the last offence two years ago.

“But in terms of the deterrence, these types of activities to my knowledge and certainly there’s no evidence of ongoing protests of this nature from that date before the court,” said Doyle. “And certainly in the point of view of someone considering these types of activities, or engaging in these types of activities, doesn’t seem to me that they would really envy Mr. Breen.”

On April 7, 2022, about a dozen demonstrators with Extinction Rebellion attended the RBC Royal Bank branch at Brooks Landing while Breen and one other glued themselves to the main entrance door.

Since that arrest, Breen has spent over 900 days on bail with varying conditions, including 161 days on house arrest and 178 with strict curfew conditions, according to Doyle.

Judge Lamperson agreed on aggravating factors like the 10-month time-frame when the incidents took place, they were planned, coordinated and designed to maximize disruption with the goal of Breen being arrested, as well as the use of glue, chains, and bike locks to prolong the delays.

However, Lamperson noted both Breen and Murray were respectful of peace officers during their arrests, albeit uncooperative.

“The defence says that the present case or cases, were ‘test cases’ designed specifically to test whether the ‘defence of necessity’ applies to the conduct in which Mr. Breen and his co-accused engaged…but for the unknown status of the ‘law of necessity’, Mr. Breen would have likely plead guilty and likely would have already finished serving any sentence imposed,” said Lamperson.

The judge shot down the pair’s ‘defence of necessity’ argument in May, with the defendants arguing their actions were justified due to the severe threat of climate change.

Neither side has denied Breen’s actions or intent during each incident, despite his not-guilty plea.

Breen’s only previous conviction was for a mischief charge in 1989.

A group of supporters gathering outside the Nanaimo courthouse on Friday, Oct. 25, showing their support for Breen and Murray. (Jordan Davidson/NanaimoNewsNOW)

Defendants Speak
Speaking to NanaimoNewsNOW prior to his sentencing, Breen was unsure how the proceedings would finally play out.

“It feels like the end of one long journey but the beginning of another…No good deed goes unpunished. I think both (of us are) quite prepared for any eventuality.”

Breen submitted a 25-page sentencing statement on record, where he said his “social disruptions” were their small act against the “continued land theft, erasure of Indigenous people and their rights”.

He said his only regret is that he didn’t do enough.

“If I have any sadness or regrets, it is that I did not act up enough on the streets, my family could not sacrifice enough, and I did not do enough to prove risk imminence and urgent necessity enough — to persuade you to help us save our children, grandchildren and greater community.”

Murray echoed those sentiments when she addressed court.

“Your Honour, if there is any sadness or regret we feel today, it is not because we acted, but because we did not act boldly enough. That we did not take to the street with efficient urgency, and we did not do enough to prove the imminent risk and the necessity in our actions to persuade you to join us in safeguarding the future for our children, grandchildren, and the wider community.”

Save Old Growth block southbound lanes of Hwy. 1 in Chase River on Thursday, Jan. 27. (File video/NanaimoNewsNOW)

Incidents
On June 22, 2021, Breen swam to a logging freighter docked at the Nanaimo Assembly Wharf in an attempt to inconvenience their operations.

Protests continued into 2022 when activists shifted their focus to blocking major roadways using paper banners to bring attention to the logging of old-growth forests, including blocking the southbound lanes of Hwy. 1 in Chase River on Jan. 27.

In another incident, Breen and Murray refused to move out of the Commercial St. and Terminal Ave. intersection on Jan 31, 2022, with Breen attempting to superglue his hand to the pavement.

He also staged a hunger strike in April to draw the attention of the Ministry of Forests related to the government’s strategy for old-growth forests.

The pair tried to have their case thrown out in May 2023, citing violations of their Charter Rights of expression and assembly, but their bid was unsuccessful.

Save Old Growth protestors decided that July to move away from those disruptive demonstrations to try and address governments directly.

Breen (lying on the ground) and Murray (sitting) blocked traffic on Terminal Ave. at Commercial St. on Jan. 31, 2022. Breen also attempted to superglue his hand to the highway. (File photo/NanaimoNewsNOW)

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jordan@nanaimonewsnow.com

On Twitter: @JordanDHeyNow

by Jordan Davidson

‘We did not act boldly enough:’ environmental protestors sentenced for string of disruptions around Nanaimo

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