Stop Criminalization of Wet'suwet'en and
Gitxsan Land Defenders!
Court Proceedings Continue on Application for a Stay of Criminal Contempt Charges
In defiance of the combined police powers of the RCMP, the courts and Coastal GasLink's private security forces, Wet'suwet'en land defenders and their supporters are demanding accountability for police impunity in violating their rights.
Sleydo' Molly Wickham, a Wing Chief of Cas Yikh, a house group of the Gidimt'en Clan of the Wet'suwet'en Nation; Shaylynn Sampson, a Gitxsan woman with Wet'suwet'en family ties; and Corey Jocko, who is Kanien'kehá:ka (Mohawk) from Akwesasne were among the land defenders arrested in RCMP raids on two camps in Wet'suwet'en territory in November 2021. They were charged with criminal contempt of court for breaking a 2019 injunction that prohibited any blocking of work on the Coastal GasLink pipeline. The three land defenders applied to the BC Supreme Court for a stay of the criminal contempt charges in February 2023, based on their claim that the RCMP used excessive force and committed other violations of the Canadian Charter of Rights and Freedoms. They were convicted of the criminal contempt charges in January of this year.
The case is being heard in Smithers, BC by Justice Michael Tammen of the BC Supreme Court, the same judge who found them guilty in January. The hearing of their application for a Stay of Proceedings began in January at which time Gidimt'en Checkpoint reported:
"The court heard audio recordings taken after the RCMP's raid on Coyote Camp and Gidimt'en Checkpoint on November 18-19, 2021. The recordings caught officers referencing 'gassing' people in the tiny home, referring to a man as an 'ogre' and laughing about how multiple officers 'beat the shit out of him,' and referring to Indigenous women as 'orcs' for wearing red paint symbolizing Missing and Murdered Indigenous Women and Girls. Another audio recording revealed an officer saying 'Here's Johnny,' comparing the officers' use of axes to break into the cabins to a scene from The Shining. RCMP Superintendent Elliott agreed that the recordings were not in accordance with his mission to comply with the Charter and called the officers' behaviour "unprofessional and unacceptable."
"Testimony confirmed that Emergency Response Team (ERT) members armed with rifles and canine units -- but without warrants or negotiators -– barged into tiny homes where land defenders stood, with their arms up."
The trial was scheduled to continue in June but was adjourned to September 3 instead. On September 14, Gidimt'en Checkpoint posted the following summary of the preceding seven days of trial concerning an Abuse of Process motion: "In this section of the proceedings we presented our evidence regarding the critically flawed enforcement plan leading to excessive arrests, Charter breaches, and dehumanizing treatment in custody. The Crown also started calling their response witnesses including Superintendent Ken Floyd (formerly a bronze commander for C-IRG) [Community-Industry Response Group, now renamed the Critical Response Unit--BC -- Ed.]. During cross-examination Floyd admitted that some of the evidence we presented was not in line with directions they were given by C-IRG leadership to respect our Charter rights and follow RCMP policies.
"This process will continue November 4-8, 2024. Please stay tuned and support all our land defenders. Misiyh."
Media report that Sleydo' testified about the history of violence towards Wet'suwet'en women from residential schools, missionaries and about women who have gone missing along the Highway of Tears, and about the destruction of the land and waters on Wet'suwet'en territory caused by construction of the CGL pipeline. She explained the importance of the area where the camps were set up for harvesting, fishing and cultural practices and that the Wet'suwet'en have a duty to protect the river and the salmon which are integral to their way of life. She explained that the clan system of government has authority over Wet'suwet'en territory and although the government's elected band councils had signed benefit agreements with CGL, her clan held a feast in December 2018 with other Wet'suwet'en clans where they agreed they would occupy the area known as Gidimt'en Checkpoint to stop the construction of the pipeline. All three land defenders testified about the threats, racist insults and violence of the police before, during and after their arrests, and audio recordings of police joking about beating people and mocking cultural symbols were played in court.
According to the Smithers Interior News, in his testimony, RCMP Superintendent Ken Floyd, the Critical Response Unit–BC commander, said that "he was ashamed by the mocking comments of some of the officers caught on tape, but denied it violated the defendants' rights as the comments were not directed at them." The Crown is expected to call more witnesses when the court proceedings resume on November 4.
Constant delays and long periods between court dates by design increase the financial and emotional pressure on the Wet'suwet'en and their supporters. TML condemns the ongoing state attacks on the Wet'suwet'en and Indigenous land defenders across Canada and wholeheartedly supports the court challenge to the criminal contempt charges. The courage and persistence of Wet'suwet'en land defenders and the justness of their cause deserve the broadest possible support. To contribute to the Wet'suwet'en Yintah Legal Defense Fund, send an e-transfer to yintahaccess@gmail.com or mail a cheque payable to "Lhudis Bin."
This article was published in
September 30, 2024
Article Link:
https://cpcml.ca/ITN2024/Articles/TI54214.HTM
Website: www.cpcml.ca Email: editor@cpcml.ca