Protest, Property Rights, and the Law in British Columbia investigates legal interventions in response to protests in British Columbia stretching back over more than a century. From violent strikes at Vancouver Island coal fields in the early twentieth century to recent confrontations involving Indigenous peoples, environmentalists, and social activists, British Columbia has a long history of protests. It also has a fractious record of clashes between protesters and established interests on picket lines, in blockades, and in courtrooms. Benjamin Isitt applies his hands-on expertise as defence counsel to examine six case studies that illuminate both continuity and change in the regulation of protest in the province. Whether through anti-logging blockades at Fairy Creek, roadblocks relating to Indigenous land claims, or tent encampments in Vancouver's Downtown Eastside, activists assert customary rights to property by appropriating space. Property owners and managers in turn deploy an array of legal remedies to uphold private rights by restoring control over space, most notably through the use of injunctions, enlisting lawyers, judges, police, parliaments, and soldiers. Protest, Property Rights, and the Law in British Columbia persuasively argues that the dominance of private interests in these judicial disputes has been undercut to a degree, raising questions of legal legitimacy and signalling a potential rebalancing of power relations.
Protest, Property Rights, and the Law in British Columbia