Former Vancouverite First Of "Eco-eleven" Not Sentenced As A Terrorist

Today in an Oregon courthouse, former Vancouverite Darren Thurston was the first of the 'eco-eleven'--those charged with crimes committed in the name of the Earth Liberation Front and Animal Liberation Front-- to successfully avoid an extension to his jail time from 'terrorism enhancement' provisions under the US Patriot Act.

A former employee of the Compassion Club, and a well-known figure around Commercial Drive, Thurston was arrested in December of 2005 along with several others in sweeps that took place in four American states as part of the FBI's "Operation Backfire". All those arrested were charged for involvement in a series of unsolved arson attacks and property crimes that resulted in over $40 million in damages between 1996 and 2001. Others named in the indictments went underground and disappeared, including another Canadian. It was one of the largest round-ups of animal rights activists in American history.

I've been following the case for some time. It raises fascinating questions about the definition of terrorism, the reach and limits of new national security laws, and the use of informants. For example, if similar "terrorism enhancement" provisions existed in Canada, could the APC protesters who trashed a government office two weeks ago face up to twenty years in prison for attempting to intimidate a government? With Canada grappling with the fallout of the Maher Arar case and the damning revelations coming from the Air India inquiry, and with our parliament now in a stand-off around renewing our national security legislation, the 'national security' implications of this case are worth a look.

The FBI have described the Earth Liberation Front and Animal Liberation Front as America's "highest domestic terrorist priority". Initially, those arrested in Operation Backfire were faced with multiple charges, often for the same incident, with potential sentences adding up in some cases to "life + 1000 years". For example, Darren Thurston originally faced five separate charges in two states, with total mandatory sentences of 45 years to life -- all stemming from the same incident, in which wild horses were freed and a corral burned to the ground.

Watching the consequences of these arrests was like getting a crash-course in the effect of tactics once used by the FBI against the Black Panthers, the American Indian Movement, and various anti-war student movements in the 1960's. Only this time the fallout was happening in real-time, in the Pacific Northwest, and over public forums like websites and chatrooms. As some of those charged agreed to co-operate in the investigation in exchange for plea bargains, vicious infighting broke out among the supporters of radical animal rights/earth liberation. Were all cooperators 'traitors'? Was it ok to cooperate in some instances, for example if no others were named beyond those in custody, and evidence was given only for specific crimes that those under arrest had already admitted to? These debates fractured the animal liberation movement, or at least the part that embraced illegal tactics.

After plea agreements were reached, federal prosecutors applied to have 'terrorism enhancement' provisions, which had been broadened by the Patriot Act, used in sentencing. These would again increase the sentences of defendants, and place them in tougher jails. In the first three sentencing hearings, the judge decided, for the first time in the US, that the terrorism enhancement provision can be applied to property crimes if there is an intention to scare or intimidate government. Perhaps in Thurston's case, it was decided that the link--that the corral belonged to a US federal agency--was too weak to constitute deliberate intimidation of government. Or it may be that the timing of the Patriot Act did not allow the terrorist enhancement provision to be applied.

As a Canadian citizen, Thurston will apply to serve out at least part of his thirty-seven month sentence in Canada. I'm curious why Canadian media has not shown his case the same interest given to other Canadians facing foreign terrorism charges.

The graphic is an Animal Liberation Front logo.