Greenpeace lawyer slams Alberta Premier Stelmach
Slave River Journal, October 14, 2009
The lawyer defending Greenpeace’s oilsands activists says Alberta Premier Ed Stelmach is using his political position to try to influence the legal system and prevent a fair trial.
Brian Beresh, a well-known Albertan defense lawyer, has taken on the case of 16 activists arrested during a protest at Shell’s Scotford upgrader on October 3.
Premier Stelmach told media on Oct. 4 that those who have blocked activities at oilsands facilities to bring attention to climate change are being coddled. He also suggested he would work with legal officials to find ways to stop them.
Beresh criticized the premier at an Oct. 6 press conference, calling Stelmach’s comments “unconstitutional.”
“I fail to see why the government has and wishes to treat my clients as criminals when they’re simply relying on their constitutional rights through free speech and association in what is supposed to be a free and democratic society,” said Beresh. “Premier Stelmach’s public suggestion that he will use the ‘force of the law to deal with these people’ confirms his lack of knowledge of the limits of his authority and the clear rule that our system of justice cannot be interfered with or manipulated for political reasons.”
Beresh, senior defence lawyer at Beresh Cunningham with 30 years experience, noted the prosecution’s stance on bail for Greenpeace activists changed the day the premier’s comments were made public, from having no objection to releasing activists on bail to stating bail should be denied outright.
Adding to the controversy are comments made by Alberta’s Solicitor General saying he would look at terrorism legislation in relation to the Greenpeace activists, something Beresh called “McCarthyism politics.”
“The very mention of that legislation in this context draws into question whether or not the comments foment hatred towards this group of activists,” Beresh said.
The Shell upgrader protest was the third Greenpeace action at an oilsands facility in three weeks. In total 37 activists have been arrested in relation to the protests.
Mike Hudema, Greenpeace climate and energy campaigner, said he agreed with Beresh’s assessment the premier’s comments were out of line.
“Most of us learned in Grade 5 that it is fundamental to our legal system that there must be a separation between the premier and the judicial processes,” Hudema said. “I am proud that all the activists were willing to stand up to big oil and the toxic tar sands industry. I just wish the premier and our world leaders would do the same.”
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