Two Knitting Nannas, Helen Kvelde and Dominique Jacobs took legal action to defend the right to protest in October 2022, after the NSW Government passed new laws following a series of climate-related demonstrations.
On behalf of Helen and Dom, the Environmental Defenders Office launched a constitutional challenge to s 214A of the Crimes Act 1900 that criminalised certain conduct such as remaining “near” any part of a “major facility” (such as Martin Place Station) if that conduct “causes persons attempting to use the major facility to be redirected”, on the basis it impermissibly burdens the implied freedom of political communication.
On Wednesday, the Supreme Court upheld parts of the constitutional challenge, declaring parts of s 214A of the Crimes Act are invalid because they infringe on the implied freedom of political communication. However, the court found the amendments to the Roads Regulation 2018 valid.
In delivering his reasons Justice Walton said: “Section 214A imposes an unjustified burden on the implied freedom to communicate on governmental and political matters, which is an indispensable incident of the constitutionally prescribed system of government … [this] conclusion concerns the provision of subs 214A (1) (c) (vis-a-vis the partial closure of major facilities) and subs 214A(1)(d) which thereby renders those subsections invalid.”
Helen said: “Dom and I are both very happy with judge Walter's decision. From what I have read of his comments so far he seems to have agreed that our democratic right to protest was being eroded by these laws. I think this is hugely important for climate activists but also for anyone who wants to protest about anything in NSW. I think the governments of the day passed these laws in a knee jerk reaction to a series of protests.”
“I’m not sure what we can do next, but it doesn’t feel right to just let this go. Knitting Nannas will fight for our democratic right to protest peacefully, the Knitting Nanna way. We hold ourselves responsible for leaving a ‘liveable planet’ for our children, grandchildren and all future generations”.
Media Spokesnanna – Helen Montgomery
0412222674
Media release by Knitting Nannas Against Gas
https://knitting-nannas.com/