I've been emailing with the defense attorney for one of the paddleboarders. He tells me the sentence was a joint submission, meaning the disposition was agreed upon by all the parties involved. The judge endorsed it, as is the norm for joint submissions. So it's not the case that the judge gagged the paddleboarders over their protestations and forced them to apologize. They volunteered for this.So SalishSeaNior, Rick, points out that a fundamental aspect of canadian law, the charter's freedom of expression, was over-ruled by the judge in favour of government compelled expression - and compelled non-expression. That's an extremely interesting modification for a fairly limited trespass.
We keep whipsawing between the freedom of expression issue and the permit requirements issue, but they're both such interesting issues!In fact [boaters] do need to have a pass, apparently Parks Canada is still in the "educational" phase of implementing this.
Indigenous 'protests' have blocked roads and rail lines with impunity in the past, the same as these so-called 'Truckers' were doing.Law, Order, Emergencies and Enforcement: Who Matters?
Indigenous people watch the trucker standoff and see a stark double standard.
So since other restricted waters such as ports, large vessel traffic lanes and military exercise areas are generally shown on charts, I wonder if a sailboater/powerboater could successfully plead they had no notice if this restriction wasn't noted either on the most recent charts or in notmar?Buried deep in the "Broken Group Islands 2022 Paddler's Preparation Guide" is this tidbit:
Anyone mooring overnight in the BGI (in Pacific Rim National Park Reserve waters) requires a valid National Park Entry Pass.Boating day users also require a valid National Park Entry Pass when in the marine waters of Pacific Rim NPR.
So I think this answers my earlier question to Parks Canada about whether kayakers transiting the marine zone of the West Coast Trail Unit need a permit. They do need a permit, because the permit requirement applies to "the marine waters of Pacific Rim NPR," not just the marine waters of the Broken Group.
However, I still want answers from Parks Canada about how far offshore of the West Coast Trail Unit the marine zone extends, and whether the marine zone extends offshore of Indian Reserves within the West Coast Trail Unit. If the latter, then even landing at the Carmanah 6 Indian Reserve (erstwhile site of Chez Monique's) would still require a permit from Parks Canada.
As for why Parks Canada buried the permit requirement for all boaters deep within the guide for paddlers, who knows? I note that the other Broken Group guide on the park website, the "Broken Group Islands Boater's Guide," does not mention the permit requirement anywhere. How are sailboaters and powerboaters supposed to know that they need to check the guide for paddlers to find permitting requirements that apply to sailboaters and powerboaters? SNIP Alex