NANAIMO — While he’s not going to jail, a key organizer behind a pair of disruptive Vancouver Island highway blockades vows he’ll find other ways to get his message across.
Derek Hugh Menard, 34, was issued 12 months probation as part of a suspended sentence after he pleaded guilty to obstructing traffic days apart on the Trans Canada Hwy. in south Nanaimo and Langford in April 2022.
The Wednesday, May 17 decision from provincial court judge Brian Harvey followed a contested sentencing hearing in January in which the Crown pushed for a two week jail sentence against the Nanaimo biologist.
On April 8, 2022 Menard super-glued his hand to the highway at Cranberry Ave. impeding southbound traffic for about 45 minutes as part of a coordinated ‘Save Old Growth’ protest movement.
While released on police imposed conditions specifically stating he not block roadways in the province, Menard was involved in a significantly more disruptive demonstration twelve days later on the Trans Canada Hwy.
He and a co-accused had their hands secured inside a concrete filled barrel in the single northbound lane of the highway near the West Shore Parkway intersection at the base of the Malahat.
The disruption lasted four hours, causing considerable backlogs in both directions as alternating traffic flow was established.
Enraged motorists tried to move the barrel, while other people grabbed signs held by demonstrators positioned on the highway’s shoulder.
Judge Harvey scolded Menard for what he described as a “completely selfish” approach.
“…and ironically in my view, perhaps exacerbated the problem or crisis of climate change by having idling vehicles contributing to the very problem he himself is passionate to change.”
In addition to an undertaking applied by the RCMP for the Nanaimo incident days prior, a BC Supreme Court Justice applied a civil injunction order against Menard one day before the Langford highway disruption.
Menard was convicted in the province’s high court and fined $1,500 for embedding himself to a logging road at Fairy Creek near Port Renfrew in May 2021.
Judge Harvey said Menard’s moral culpability was high for the highway blockades, pointing to potentially disastrous outcomes for law-abiding commuters.
“There is absolutely no questions that the accused knew what he was doing and had every opportunity to stop and not cause members of the public any further inconvenience,” judge Harvey said during his half-hour decision.
Justice Harvey said 30 positive character reference letters from family, friends and politicians worked in Menard’s favour.
Co-accused Elizabeth Helen Stewart was handed 18 months probation after she pleaded guilty for her role in the Langford civil disobedience case.
A psychiatrist’s report authored last fall determined Menard has been deeply impacted by the world’s climate crisis and diagnosed him with a persistent depressive disorder.
Following the judgment, Menard told NanaimoNewsNOW climate change needs to be taken much more seriously domestically and aboard.
“The point of actions like these is to try to get the public and governments and corporations to stop treating extinction as a niche political issue — it’s not an election platform, it’s for all of us.”
While he’s done with highway blockades, Menard won’t condemn those who use the tactic to advance conversations around combating climate change.
“Personally it’s not a thing that I’m going to do and if other activists are looking at things like that I’d have suggestions of differing approaches.”
Menard was also ordered to perform 40 hours of community work service.
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