JUDGES HEAR DEFENSE OF NECESSITY
In two separate Clayoquot trials yesterday, B.C. Supreme Court judges
agreed to hear defense testimony citing clearcut violations of sustainable
forestry and international law. The breakthrough rulings, which seek to
understand the blockaders' motives, go beyond simple cases of contempt
to examine MacMillan Bloedel's logging practices and government-
sanctioned violations of international agreements.
Judge John Bouck agreed to hear a "defense of necessity" for the first 51
people arrested on the Clayoquot blockade. Defendants pleading their own
case argued that the failure of all reasonable alternatives and the imminent
destruction of one of the world's last large temperate rainforests left them
no choice but to block logging trucks in Clayoquot Sound.
Internationally-renowned eco-forester Merv Wilkinson testified as an
expert witness on authentic alternatives to clearcutting. After logging his
private woodlot near Ladysmith for the past 45 years, Wilkinson has more
volume than he started with. Contrasting his non-invasive logging practices
with Macmillan Bloedel's large-scale devastation of Clayoquot rivers and
rainforests, the 80 year-old forester told the court: "Using the forest is like
using your home. If you don't pay the hydro bill, the phone bill and your
taxes it works great for a while - as long as you can get away with it."
Wilkinson was arrested several weeks ago while blocking the Kennedy
River logging road. His quiet, eloquent explanations of how to log in
harmony with the forest's natural cycles drew a standing ovation when
judge Bouck adjourned for the day. Wilkinson resumes his testimony today.
In a neighboring courtroom, judge Montague Drake will continue hearing
arguments put forward by another 29 Clayoquot defendants, who are
questioning the legality of Macmillan Bloedel's injunction against the
blockaders.They point out that the government which granted that court
order is defying international laws, as well as the UN. agreement to protect
biodiversity signed at the Rio "Earth Summit" last year.
Canada was the first signatory and strongest proponent of that accord.
Yet, in Clayoquot Sound, clearcut logging by the plaintiff is endangering the
rapidly-disappearing marbled murrelet. Roosevelt elk, salmon, eagles,
black bears and other wild residents are also being hurt by logging which
continues to raze large sections of steeply-sloping rainforest. Although no
animals or fish have yet testified in court, the two-legged defendants want
ther own injunction against clearcut logging in Clayoquot Sound.
With nearly 600 defendants left to hear, the judges' case load continues
to grow. A 32 year old forest technician was among four people arrested at
this morning's blockade as 85 rainforest protectors stood in support.
For more information call Will Thomas or Valerie Langer 725-4218