The B.C. Court of Appeal has allowed the appeal filed by the Green Party's deputy leader on the jail sentence stemming from her involvement in Fairy Creek protests.  

The decision will vacate a sentence of 60 days in jail, made against Rainbow Eyes (otherwise known as Angela Davidson), issued then by B.C. Supreme Court Chief Justice Christopher Hinkson. 

The initial sentence was regarding seven counts of criminal contempt against Rainbow Eyes due to what the court determined to be repeated violations of an injunction prohibiting certain protest-related activities that occurred at Fairy Creek and breached release conditions resulting from her arrests.  

Some of these offences included chaining herself to a gate obstructing a roadway, interfering with machinery, playing a drum and distributing food in a 鈥渃ontinuous and flagrant breach鈥� of the injunction and her bail, as well as entering and staying in the enjoined area at Fairy Creak 鈥渇or hours,鈥� even though it contravened the injunction and the terms of her bail. 

In the court report, authorities stated: 鈥淭he appellant has not appealed the convictions. As such, these findings of fact are unchallenged and owed deference in our review of sentence. The appellant seeks to have us adopt a different and more sympathetic view of her sixth and seventh violations.鈥�  

The sixth and seventh violations particularly refer to Rainbow Eyes' entering of the enjoined area.  

鈥淎t trial, Ms. Davidson testified that for the sixth and seventh offences, she entered the enjoined area for the specific purpose of assisting in the search for a missing Indigenous person (Kevin Bear Henry),鈥� stated the court report, although the judge did not accept this explanation. 

The Fairy Creek protests, which occurred in 2021, resulted in the largest number of arrests for civil disobedience in Canadian history, with nearly 1,200 people arrested. A total of 350 were later prosecuted for contempt of court, with half the charges dropped due to errors in RCMP enforcement operations.  

She had appealed a 60-day jail sentence, imposed in April 2024, for her part in the 2021 Fairy Creek protests against old-growth logging. 

The Court of Appeal found that Hinkson erred in law when imposing the 60-day sentence and opted to substitute a lesser sentence of 51 days in jail, leaving 33 days remaining in her sentence as of April 9, with time served pre-trial and pending the appeal time included. 

鈥淲e welcome the B.C. Court of Appeal鈥檚 decision to allow the appeal and vacate the harsh sentence imposed by Chief Justice Hinkson,鈥� says Ben Isitt, defence counsel for Rainbow Eyes and two-term City of Victoria councillor.  

鈥淗owever, we believe the Court of Appeal engaged in an unreasonable balancing in imposing a sentence of 51 days jail.鈥� 

Rainbow Eyes has since appealed the 51-day sentence to the Supreme Court of Canada. She anticipates being released on bail by April 10, according to Isitt.  

鈥淸She] is asking the Supreme Court of Canada to conduct a proper Gladue analysis that takes into account her duties as a Kwakwaka'wakw land guardian protecting cedar trees at Fairy Creek and assisting in the search for a missing Coast Salish person,鈥� said Isitt.  

The Gladue principles are a series of rules that judges must account for when an Indigenous person is charged with a crime and taken to criminal court. They are designed to consider the unique experiences of Indigenous people.

The appeal and justification from Isitt are an effort to balance a vision of justice from Indigenous and settler points of view.  

鈥淲e are still trying to braid the laws 鈥� the Indigenous and natural laws, and the colonial laws,鈥� Rainbow Eyes says.  

鈥淚鈥檝e appealed the sentence and am asking the Supreme Court of Canada to recognize these laws. We are in a time of reconciliation and action, raising awareness about our collective history and duties in the face of the ecological and humanitarian crises in our world.鈥� 

Throughout her trial, Rainbow Eyes called on several witnesses from B.C.鈥檚 Indigenous communities for support, including Pacheedaht Elder Bill Jones, Coast Salish Elder Klasom Satlt鈥檟w Losah (Rose Henry), and Kwakwaka鈥檞akw Hereditary Chiefs Walas Namugwis (David Mungo Knox) and Ye-kue-kalas (David Daniel Hanuse). 

鈥淚 asked Rainbow Eyes and numerous others to come to my territory to defend our great mother鈥檚 gift to us for our spiritual and religious practice,鈥� says Pacheedaht Elder Bill Jones.  

鈥淩ainbow Eyes was and is faithful to that cause and continues to show strength and dedication in her resolve in the protection of our great mother鈥檚 gift to us.鈥� 

Rainbow Eyes is 鈥渨idely recognized as a leading voice within both Indigenous and non-Indigenous communities,鈥� states Isitt. She serves as the elected council member of Da鈥檔axda鈥檟w First Nation of Knight Inlet and is the Green candidate for the Northwest Territories in the federal election.