Judge finds RCMP breached charter rights during arrests at Wet’suwet’en pipeline blockade
BC Judge Rules Police Breached Charter Rights of Coastal GasLink Pipeline Protesters
A British Columbia judge has ruled that police violated the charter rights of three individuals who were arrested for obstructing work on the Coastal GasLink (CGL) pipeline. As a result, the individuals will receive a reduction in their sentences. The abuse of process application was filed by Sleydo’ (Molly Wickham), Shaylynn Sampson, and Corey Jocko, who were found guilty of criminal contempt of court for violating an injunction against blocking pipeline construction.
Justice Michael Tammen delivered his decision in the BC Supreme Court in Smithers after a lengthy court process. The application alleged that the RCMP used excessive force during the arrests and treated the individuals unfairly while in custody. The judge found that the accused’s Section 7 rights were breached during the police raid, particularly when officers made derogatory comments about their Indigenous symbols.
Police Discrimination and Breach of Rights
Tammen noted that police officers referred to Sleydo’ and Sampson as “orcs and ogres” for wearing red handprints over their mouths, a symbol representing missing and murdered Indigenous women and girls. He condemned the officers’ behavior as racist and discriminatory, highlighting the systemic disadvantages faced by Indigenous communities in the criminal justice system.
While senior RCMP officers apologized for the misconduct, Tammen deemed the apologies insufficient to address the harm caused by the offensive remarks. He considered a reduction in sentence as a suitable remedy for the breach of rights and discrimination experienced by the protesters.
Need for Warrants
The judge also ruled that the police should have obtained warrants before entering the structures where the individuals were arrested. Despite minor breaches resulting from the lack of warrants, Tammen acknowledged that the occupants would have been arrested and the structures removed even with proper authorization.
Tammen emphasized that a stay in proceedings could only be granted in clear-cut cases, which he believed this case was not. The maximum sentence for criminal contempt is five years imprisonment, and the court will schedule sentencing at a later date.
The decision sheds light on the importance of upholding charter rights and preventing discrimination in law enforcement practices, particularly in cases involving Indigenous individuals and community protests. The ruling serves as a reminder of the ongoing challenges faced by Indigenous peoples in seeking justice and equality in Canada.
