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The Supreme Court of Canada has dismissed an appeal by Rainbow Eyes, also known as Angela Davidson, related to her part in the 2021 Fairy Creek protests against old-growth logging.
The Green party deputy leader and member of the Da’naxda’xw/Awaetlatla First Nation was the party’s NWT candidate in April’s federal election, finishing fourth as the territory elected Liberal Rebecca Alty.
During her election campaign, Rainbow Eyes successfully reduced her 60-day jail sentence for seven counts of criminal contempt.
The British Columbia Supreme Court issued that sentence in April 2024 after finding that Rainbow Eyes repeatedly violated an injunction prohibiting some forms of protest at the Fairy Creek site.
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A three-judge panel from the Court of Appeal for British Columbia then agreed with Rainbow Eyes that her original sentence had been too harsh and reduced her sentence by nine days, to 51.
Rainbow Eyes, who had proposed that she be given a conditional sentence involving house arrest, then appealed that ruling to the Supreme Court of Canada.
In a decision last week, the court dismissed that appeal, as first reported by Chek News and the CBC.
Ben Isitt, Rainbow Eyes’ lawyer, said he was “disappointed” the Supreme Court of Canada had declined to hear his client’s appeal.
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“We think that important issues are at stake, including Gladue principles when Indigenous persons are sentenced for contempt of court,” he told Cabin Radio.
“Rainbow Eyes was compelled to protect the forest at Fairy Creek because of her role as a Kwakwaka’wakw land guardian and we say that ought to have been factored into her sentence.”
Isitt said Rainbow Eyes is now serving the remainder of her sentence and is expected to be released by mid-October.
Cabin Radio has approached the Green Party for comment.
