‘Racist and dehumanizing’: Judge slams RCMP, reduces sentences for CGL pipeline opponents

This story originally appeared in the Prince George Citizen here and is reprinted with light style edits.

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Three Indigenous pipeline opponents convicted of contempt of court in January 2024 will receive reduced sentences due to police misconduct, a B.C. Supreme Court judge in “Smithers” decided this week.

Lawyers for the defendants had argued that RCMP officers violated the Charter of Rights and Freedoms and abused their power when they arrested the trio in November 2021 to stop them from blocking construction of the Coastal GasLink Pipeline (CGL) on Wet’suwet’en territories.

“I view the conduct as extremely serious,” Justice Michael Tammen said, “involving racism directed towards Indigenous women that is a group who have been systemically disadvantaged throughout virtually all sectors of the criminal justice system.”

However, in his decision on Tuesday, Tammen dismissed an application to stay the charges against Wet’suwet’en Nation’s Molly Wickham (Sleydo’), Gitxsan member Shaylynn Sampson, and Corey Jocko, who is Mohawk from Akwesasne.

“The actions of the accused were a clear attack on the rule of law,” Tammen said, saying their actions “involved a calculated, prolonged and well-organized attack on a court order.”

They contravened a December 2019-granted court injunction, but supporters consider them land defenders and allies of Wet’suwet’en hereditary chiefs opposed to a project that was approved by elected band councillors. The hereditary chiefs’ protest campaign reached a peak in early 2020 with highway and rail blockades across the country.

“I conclude that the alternative that is sought by the accused, a reduction in sentence, is appropriate,” Tammen said.

“Each of three accused will be convicted of criminal contempt. When I consider the question of fit sentence for each, I will take into account the cumulative misconduct of the police.”

Officers compared red MMIWG handprints to ‘orcs’

During his more-than two hour oral decision, Tammen rejected much of the defence application.

Tammen said there was “nothing arbitrary” about the transfer of the accused from “Houston” to “Smithers” to “Prince George”: “Houston” was the nearest RCMP detachment where they could speak to their lawyers after being arrested, “Smithers” was the nearest detachment with cell capacity, and “Prince George” met the requirements of the injunction with the most-adequate cell capacity for multi-day detention in the province’s North.

Tammen agreed a police removal of Sampson and Wickham’s culturally significant personal belongings caused them great stress and the issue would be taken into account for sentencing. However, he did not find their Charter rights breached. On the contrary, he said they received “preferential treatment” in the lockup.

Later, Tammen focused on three areas: Comments made by police directed at Wickham and Sampson; comments about Nov. 18, 2021 arrestees; and failure by police to obtain a warrant to enter the tiny house and cabin in order to arrest the occupants.

Tammen said the Charter breaches that flow from the failure to obtain the warrant “were about as minor as could ever occur with warrantless arrests in a dwelling house.”

“The arrests themselves were both authorized pursuant to the injunction and there was no doubt that the unlawfully erected structures were going to be removed and the occupants arrested,” Tammen said.

At the time of their arrest, Wickham and photographer Amber Bracken wore audio recording devices, which police later seized. The recordings captured conversations between officers who jokingly likened red handprints on Wickham and Sampson’s faces, symbolizing murdered and missing Indigenous women, to the monstrous orc characters in Lord of the Rings.

Tammen called the remarks “grossly offensive, racist and dehumanizing” and said they were a breach of the Charter section guaranteeing life, liberty and security of person.

Tammen adjourned the case to April 3 for a hearing to schedule sentencing. He ordered reports to analyze how the trio’s Indigenous heritage influenced their actions.

The protest activity delayed, but did not stop, completion of the 670-kilometre pipeline from “Dawson Creek” to the LNG Canada plant in “Kitimat.” CGL went into commercial service last fall. TC Energy said it remains on track to deliver first cargoes by mid-2025.