B.C. judge blasts environmental group as 'reprehensible' during sentencing
While sentencing a man for blocking roads in Metro Vancouver, a B.C. provincial court judge had some choice words for the environmental protest groups that encouraged him to do it.
In her reasons for sentencing Ian Wiltow Schortinghuis, which were given on June 30 but only recently posted online, judge Laura Bakan described the offender as an "unsophisticated person" who had been taken advantage of by Save Old Growth.
Bakan said she finds the conduct of the group – and others like it – "reprehensible," describing the people who get arrested on the group's behalf as "sacrificial lambs" and "cannon fodder."
Save Old Growth describes itself as a "civil resistance campaign" with the goal of permanently stopping all old-growth logging in B.C. It has blocked highways on Vancouver Island and across the province this year to put pressure on the government to enact legislation to achieve this goal, and to convince the general public to demand such legislation.
The group's actions have angered motorists and led to confrontations, and Bakan said in her decision that she finds it "extremely fortunate" that they have not escalated into violence.
"It is only a matter of time until a protester, vehicle occupant, police, fire, or paramedic personnel are injured during these protests," the judge said.
Schortinghuis pleaded guilty to three counts of mischief stemming from roadblocks he participated in with Save Old Growth.
The first, on April 4, obstructed traffic on the Ironworkers Memorial Bridge, which connects Vancouver and North Vancouver.
The second, on April 27, blocked the intersection of Grandview Highway and Boundary Road in Burnaby.
The third happened on June 13 and blocked the entrance to the Massey Tunnel in Richmond.
By participating in the second and third blockades, Schortinghuis was breaching the terms of his previous releases. The 30-year-old was charged with, and pleaded guilty to, two counts of breach of undertaking.
Bakan said Schortinghuis was not the mastermind of any of the Save Old Growth actions.
"To the contrary, he appears to be the type of person these groups entice and basically use as sacrificial lambs for their causes," the judge said. "I find this conduct reprehensible as they hide behind the persons who have come before me, good people and people such as Mr. Schortinghuis, who says that he was given a sense of purpose and belonging by these groups."
Crown sought a jail sentence for Schortinghuis that would be equivalent to the amount of time he spent in pretrial custody. Prosecutors argued that this would serve as a deterrent both to Schortinghuis and to others that might find themselves in his position.
Bakan disagreed, saying the time he spent in custody was sufficient deterrence, and that imposing a jail sentence – and the criminal record it entails – on a first-time offender would be too harsh, in this case.
Instead, the judge sentenced Schortinghuis to a conditional discharge with 24 months of probation. He is prohibited from impeding traffic or pedestrians on any road, highway or public space in British Columbia, and he must adhere to basic probation conditions, such as notifying the court if he changes his name, address or employment.
Schortinghuis must also perform 125 hours of community service.
"If you complete your two years of probation successfully, you will not have a criminal record," Bakan said during the sentencing.
"This puts the onus on you to make sure that you do not reoffend. If you reoffend, you will likely lose the benefit of a conditional discharge and face, obviously, a sentence for any new charges."
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