Breaking: Judge Rules RCMP Breached Pipeline Protesters’ Charter Rights in Northwest B.C.

A B.C. Supreme Court judge has ruled that the RCMP infringed on the rights of three pipeline protesters during their arrests in 2021. While this won’t dismiss their case, it will lead to a lighter sentence.

The decision came from a case over the protest against the Coastal GasLink pipeline in Houston. Justice Michael Tammen found Sleydo’ (a wing chief of Cas Yikh), Shaylynn Sampson (a member of the Gtixsan-Witsuwit’en), and Corey Jocko (a Kanien’kehá:ka man) guilty for blocking access to construction sites.

The defendants argued that during their arrests in November 2021, the police violated their constitutional and Indigenous rights. They sought to have the case thrown out due to this misconduct. However, Justice Tammen disagreed, stating a stay of proceedings was not the right response.

Instead, he decided on reduced sentences for the three, acknowledging their rights under Section 7 of the Charter, which includes the right to life, liberty, and security. He noted that both Sampson and Sleydo’ experienced violations, including racist remarks during their detention.

Additionally, the police entered a tiny house and a cabin without a warrant, breaching rights under sections eight and nine of the Charter. Despite this, Justice Tammen felt it didn’t significantly impact the defendants’ guilt regarding the contempt charges.

The decision day in Smithers drew a large crowd, prompting the court to set up an overflow room for those wishing to follow the proceedings. Media and Elders even had to take seats in the jury box.

The maximum penalty for criminal contempt can reach up to five years. Sentencing for these three protesters is scheduled for April 3.

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