Many things have been legal that were neither just or moral. Slavery in the southern United States is a good example. It took a civil war to end it (thus consigning the Confederate flag to hands of losers everywhere) but long before the Emancipation Proclamation set the North and South to battle, there were hundreds and thousands of Americans who whittled away at the law by sheltering runaway slaves and helping them escape to Canada. They risked arrest, loss of their property or even their life, to do what they believed was right. They did it knowing the risks and willing to accept the consequences of their choices. When discovered, they did not raise a single fist. Meanwhile, the United States has still not healed from the most destructive conflict in their history.
Gandhi, along with sixty thousand of his fellow citizens, went to prison for breaking the law that gave the British a monopoly over salt—an essential of life in tropical countries. His simple act of defiance consisted of extracting salt from evaporating sea water. Of course, he was not alone in his rebellion as he led thousands on a 230km walk from his religious retreat to the sea, a convoy of pedestrians if you like. He and his fellow freedom fighters knew they risked punishment and accepted the consequences. They also kept the peace—not a single death threat was made against his opponents—and the Salt March, as it came to be known became the model for peaceful civil disobedience for the next ninety years.
Henri Morgentaler went to prison for performing abortions in Quebec, despite being acquitted by a jury in 1973. The government appealed his acquittal and succeeded in overturning it. He served ten months in prison and suffered a heart attack while there. While in jail, he was acquitted again on separate charges. A third acquittal in 1975 led the Quebec government to determine the federal law was unenforceable. When he was unable on his first try to get the law declared unconstitutional, he began to open clinics in other provinces leading to charges being laid in Toronto in 1983. Another acquittal led to another government attempt to appeal. Finally in 1988, the Supreme Court upheld the acquittal and declared the existing abortion law unconstitutional. An attempt by the Conservative government to enact a new one was defeated in the Senate by the narrowest of margins. No politician even dreams of rolling back the clock now. During his fifteen years it took to overturn the law, not a single horn was blown and not a single street blockaded.
Perhaps you are seeing where I’m going here. It is possible for a law to be unjust, and in a democratic society (or even one ruled by a democratic one in a dictatorial manner) peaceful protest and well-reasoned legal arguments will eventually win the day. You may face persecution and why not? You are breaking the law.
This is not what is happening in Canada today. The current protesters know they are breaking the law but they think they should be cut some slack. Most don’t have much idea what they are doing at all. Some might be willing to pay a fine but few think they should go to jail or have to suffer economically for their choices. Those pitiable creatures who think the current protest is worth dying for are a tiny minority of dead-eyed fascists or damaged man-boys.
I believe in civil disobedience and peaceful protest, even if means bending or perhaps breaking an unjust law. I’ve gone on a few marches and even joined a sit-in once. I led a boycott of classes in school and even used the law to my advantage to overturn a judgement. I’ve written letters and boycotted companies and countries I felt were being unjust. I worked in government to change laws or policies I felt needed changing. But I don’t believe in threats or in damaging other people’s livelihood, especially not over a law or set of regulations where no one is being forced to do anything but simply to make a choice and then live by the consequences of that choice. This is not a legitimate protest or even a coherent one. It is the tantrum of a bunch of (insert your favorite appellation here), being led by a few hard-right militants who frankly don’t care who gets hurt, even if it includes the children of their followers.
Photo by AJ Colores on Unsplash
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