ABC The Signal - Stephen Stockwell | Ange Lavoipierre
Key points
- Four climate activists will plead not guilty, arguing that climate change poses an "extraordinary emergency"
- The defence has been used by activists successfully in other countries, but never in Australia
- The four were arrested during protests last month in Brisbane
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When 23-year-old Emma Dorge appears in court to enter her plea, she will be relying on a unique defence.
Charged
with traffic offences for blocking Brisbane streets during a protest,
she will argue she should be allowed to break the law because she is
saving the planet.
"I'm pleading not guilty on the basis of the
extraordinary emergency defence, which basically allows for people
breaking the law in an extraordinary emergency," she told The Signal.
"We're
in the midst of a crisis and that's the climate crisis, we believe
we've essentially been forced to break the law to avert a far more
catastrophic outcome."
On Wednesday, Ms Dorge will be joined by three other climate change activists in Brisbane Magistrates Court.
They'll all be relying on the defence and hoping to set a new legal precedent.
What did Emma do?
Ms Dorge is a member of the Extinction Rebellion, a global organisation of environmental activists.
The group's activists have occupied the
Scottish parliament and even glued themselves to the front of banks in
Manchester in a world-wide campaign of civil disobedience meant to force
governments into action on climate change.
On August 6, members
of the group in Brisbane marched through the streets, with some
activists sitting down to block a major intersections in the city's CBD.
Police had just pulled a protester from a
group blocking George Street when Ms Dorge said she threw herself into
the gap, linking arms with the remaining activists.
"A police officer almost immediately jumped on me and pushed me down," she said.
The officer arrested her for a traffic offence and put her into a nearby paddywagon.
The Signal
Breaking the law in a climate crisis
A Queensland court is about to hear a case that climate change is a good
enough excuse to break the law. It's an argument that's worked
overseas, but never here. So could that change? |
The protest ended with 70 people charged by police.
"Signing a petition or making a phone call does not force action to happen," said Ms Dorge.
"But
taking to the streets and sitting down and not moving, once you get
that mass of people, business as usual can not continue and Brisbane
can't continue to function as a city.
"Politicians will be forced to listen to us and to act."
What is the defence?
The
extraordinary emergency defence has been used for centuries, according
to Dr Nicole Rogers from the School of Law at Southern Cross University.
"It's origins actually lie in a case where various individuals were accused of murder," she said.
"There
had been a shipwreck, they were all in a boat and a decision was made
basically to kill and eat the weakest, youngest member of the crew, on
the basis they all needed to survive."
It's not often used to
defend cannibals these days, and is more likely to be argued when
someone breaks a road rule so they can save a life, for example.
Climate
activists have taken an interest in the law, said Dr Rogers, because of
how the statue uses the phrase, 'extraordinary emergency'.
"We're
seeing this ongoing process where parliaments and governments and
universities and even the Pope are all making declarations of climate
change emergency," she said.
"So we're seeing it recognised publicly and framed as an extraordinary emergency.
"It's interesting to see this particular section of the Queensland Criminal Code being activated by climate activists."
In fact, the defence has worked before, just not in Australia.
Many common law jurisdictions around the
world have a similar statute to "extraordinary emergency" and climate
change activists in the United Kingdom successfully argued such a
defence in 2008.
"Greenpeace activists who scaled the chimney of a
power station and painted graffiti on it actually were acquitted on the
basis of statutory version of necessity in the UK statute," Dr Rogers
said.
"It hasn't been followed by similar examples until this
year. One of the founders of Extinction Rebellion and his colleague were
acquitted, again it was graffiti damage that they'd been charged with
and the jury was quite prepared to accept their argument that the
climate crisis justified their actions."
Will it work?
Even
if judges accept the argument from activists that there is a climate
emergency, the defence still has a long way to go, according to Dr
Rogers.
"Judges are coming back and saying, 'Well there are all sorts of legal avenues that are available to activists," she explained.
If activists are to win they would have to prove actions, like blocking roads, are the only options left to them.
Regardless
of the outcome of Ms Dorge's case, Dr Rogers believes activists should
continue to test the extraordinary emergency defence in courts.
"The
question of what is reasonable behaviour is shifting and also what is
lawfulness in light of the extraordinary emergency of climate change,"
she said.
"I think inevitably it will change. I don't know when, I
don't know how, but I think the resilience of legal norms in the face
of climate change is questionable, so I think law as we know it is going
to change."
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