Extinction Rebellion protester handed 7-day jail sentence, also facing CBSA removal order

People taking part in an Extinction Rebellion protest against old-growth logging march onto the empty Cambie Bridge, in Vancouver, B.C., Saturday, March 27, 2021. THE CANADIAN PRESS/Darryl Dyck

A young climate activist who helped organize Extinction Rebellion protests that disrupted traffic across B.C.'s Lower Mainland has been sentenced to seven days in jail and two months of house arrest – and there could be tougher consequences relating to his immigration status.

Muhammad Zain Haq, 22, pleaded guilty to five counts of mischief and one count of breaching an undertaking for his role in the series of demonstrations, which saw protesters block roadways and bridges to draw attention to the worsening climate crisis.

"Mr. Haq has shown disdain for the rule of law and he has publicly encouraged others to break the law while publicly celebrating his arrest," Judge Reginald Harris wrote in his July 5 sentencing decision. "His conduct speaks to an arrogance of ideals at the expense of the democratic process and pro-social dialogue."

One of the protests Haq was involved in halted traffic on Vancouver's busy Cambie Street Bridge for hours on March 27, 2021. While many participants eventually disbanded, Haq was among six who refused to leave – despite repeated warnings from police, who cited the need for emergency vehicles to use the busy crossing – and was ultimately arrested.

He was barred from returning to the bridge by a court order, but came back anyway in August 2022 for a protest organized by another activist group called Stop Fracking Around.

According to a pre-sentence report, Haq has since changed his views on these types of demonstrations, and decided it is "not wise to be engaged in civil disobedience," despite remaining passionate about addressing the increasing threats posed by climate change.

Judge Harris noted the young man has already suffered serious repercussions as a result of his involvement in Extinction Rebellion.

Haq was born and raised in Pakistan and came to Canada on a student visa, which has since been revoked – putting his post-secondary degree on hold.

After his visa was revoked, he was also detained by the Canadian Border Services Agency. He has been reporting to the CBSA twice weekly since June 2022, and faces a removal order that "will be acted on once his criminal matters are resolved," Harris said.

The judge noted Haq has no prior criminal record, and that the court received several letters speaking to his character.

"A review of them satisfies me that Mr. Haq is an intelligent, motivated young person who is a staunch protector of the environment," Harris said. "The letters also satisfy me that Mr. Haq can, provided he does so through legitimate means, be a catalyst for positive change."

Prosecutors asked that Haq be sentenced to 60 days in jail on his mischief charges, but Harris opted to give him 61 days of house arrest instead, arguing that a conditional discharge, along with the additional personal consequences he has already faced, would serve as enough of a denunciation of his behaviour.

The young man will be forced to remain at his home 24 hours a day for the first 30 days, save for a period of four hours on Saturdays, then be subject to a curfew of 6 p.m. to 6 a.m. for the remainder of his sentence.

Prosecutors also requested Haq serve 30 days in jail for breaching his court order – an offence Harris found warranted some time behind bars.

"Persons need to know that conditions of release must be obeyed and that the flagrant breach of protective conditions will result in consequences. This approach not only protects the public, it also serves to maintain the public confidence in the administration of justice," the judge said.

Haq was also given 12 months of probation, during which he will have to complete 75 hours of community service.