'Textbook contempt of court': Lawyer says appropriate to send Beatrice Hunter to jail
Cletus Flaherty says rule of law just as important as freedom of expression
A St. John's lawyer is being very candid about the jailing of Muskrat Falls protester Beatrice Hunter.
"I have to say that I have nothing but sympathy for Miss Hunter and her supporters. They are fighting for their way of life," said Cletus Flaherty.
"But just as freedom of expression is important to our society, so is the rule of law," Flaherty continued.
"So, unfortunately when Miss Hunter essentially told the court that she may not respect the conditions put upon her, she is directly going against, challenging the authority of the court. And that is textbook contempt of court."
Last week, Supreme Court Justice George Murphy in Happy Valley-Goose Bay sent Hunter to prison when she would not agree to stay a kilometre away from the Muskrat Falls construction site.
Like others, she had already been arrested for violating a injunction to keep away.
She has to understand, at the end of the day, there are laws.- Cletus Flaherty
Flaherty said he also sympathizes with Justice Murphy, and said given the law, it was really all Murphy could do.
"If court orders aren't enforced, they are rendered meaningless," he said.
"If there is no rule of law, ultimately the respect that all of our groups, all members of society have for one another, that also begins to erode."
Can seek change politically
In an interview with CBC this week, Hunter said she doesn't believe she should be subject to "colonial" law.
"I understand where she is coming from," said Flaherty. "I can't really say much about it, and I can't really appreciate it because I'm not a native Canadian."
"But the fact is, there is a system of laws put in place, and to the best of our ability, we need to enforce those laws."
"So, once again, I completely appreciate where she comes from, but she has to understand, at the end of the day, there are laws." said Flaherty.
"And if she doesn't believe that they apply to her, there are political avenues where she can put forward her views, and she can seek change that way."
For the past week, Hunter has been at Her Majesty's Penitentiary in St. John's because there was no room at the women's facility in Clarenville.
Another protest, no charges
Some have compared Hunter's arrest to another protest in April, when fishermen smashed their way into the Fisheries and Oceans Canada building in St. John's.
There have been no charges laid in connection with that incident, leaving some to question whether the system is fair.
Flaherty said that's like comparing apples and oranges.
"I don't think anyone can say the system is acting unfairly in this situation," said Flaherty.
"I can tell you, in my experience as a lawyer who has represented protesters, in situations where there is violence, as long as the police are able to identify the protesters who broke the law, and there is sufficient evidence, those people are charged whether they are from Labrador or the island of Newfoundland.
Fisheries and Oceans Canada did file a complaint with the Royal Newfoundland Constabulary, and an investigation is underway.
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