A B.C. judge has decided the RCMP violated a trio of pipeline protesters' Charter rights during their arrests in 2021, not enough to throw out the case but enough to warrant a reduced sentence.
A decision in an abuse of process application in the B.C. Supreme Court, brought by three defendants convicted of breaching a Coastal GasLink court injunction took over a year.
In January 2024, Supreme Court Justice Michael Tammen found Sleydo' (a wing chief of Cas Yikh, a Witsuwit'en house group of the Gidimt'en Clan), Shaylynn Sampson (a Gtixsan-Witsuwit'en woman) and Corey Jocko (a Kanien'kehá:ka Mohawk) man from Akwesasne in Ontario/Quebec) guilty for their role in blocking access to a Coastal GasLink work camp near Houston.
The defence alleged during their arrests and detention in November 2021 police officers from the RCMP's Community-Industry Response Group (CIRG) violated their constitutional and Indigenous rights and asked for a stay or proceedings.
“I am not persuaded that a judicial stay of proceedings is an appropriate remedy for the state misconduct,” Tammen told the court. “I have found, rather I conclude, that the alternative remedy sought by the accused, a reduction in sentence is appropriate. Each of the three accused will be convicted of criminal contempt.”
Tammen stated that Sampson and Sleydo’ had their Section 7 right – life, liberty and security of the person — violated after they were arrested and police officers made racist comments about them.
He also noted the failure of police to obtain a warrant before entering two buildings, a tiny house and a cabin, resulted in breaches of the accused's rights under sections eight and nine of the Charter.
However, he said, in his view, the failure to obtain a warrant added little to the calculus of whether or not the defendants were guilty of criminal contempt of the injunction.
The courtroom in Smithers on decision day (Feb 18), was so packed, an overflow room was set up for people to watch via a video link and media and Elders had to sit in the jury box.
The maximum sentence for criminal contempt is no more than five years imprisonment.
Sentencing is now scheduled for April 3.
