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The two defendants could have lawfully and peacefully protested the pipeline project but instead chose to disobey the law in order to gain publicity for a cause in which they strongly believed, said the judge.

“That is not a basis on which anyone can expect to defy the law without any consequence,” said the judge.

Affleck said that while he had increased the fines and the number of hours of community work service imposed on protesters over time, it had not had an adequate deterrent effect.

“I am not persuaded that either of the persons before me today are likely to repeat their contempt, but I am concerned that there needs to be a general deterrence,” he said. “It is regrettable that prison sentences must be imposed in the circumstances of these proceedings, but I am satisfied that that must now be the outcome.”

Earlier, Crown counsel Monte Rattan told the judge that the continuing violation of the injunction at the site had called into question the effectiveness of the court’s order and the rule of law.

He said Embree in particular had been warned that if she didn’t stop blocking the site, she would face a jail term, but she did not stop, so nothing less than a jail term would be appropriate in the circumstances.

Rattan said there was no reason to believe that the protests had come to an end and in fact the Crown understood that further protests were expected later Wednesday.

He said the court should not “throw up its hands and accept” the lawlessness of the well-organized protesters.