Lawyer argues pipeline opponents' charter rights breached during arrests

A lawyer representing three people arrested for blocking construction of the Coastal GasLink pipeline on Wet'suwet'en territory told court Wednesday that police mocking them during the arrests was a violation of their charter rights.

B.C. Supreme Court in Smithers is hearing an abuse of process application brought forward by Shaylynn Sampson, Sleydo' (Molly Wickham), and Corey Jocko. Justice Michael Tammen found the three guilty in January of criminal contempt of court for breaking an injunction against blocking work on the Coastal GasLink (CGL) pipeline.

The abuse of process application alleges that RCMP used excessive force while arresting the accused in November 2021 and that the group was treated unfairly while in custody. It asks the judge to stay the criminal contempt of court charges or to reduce their sentences based on their treatment by police.

On Wednesday, defence lawyer Frances Mahon asked RCMP Supt. Ken Floyd about a PowerPoint given before the enforcement operation on how police should conduct the raids. Floyd was the bronze police of jurisdiction commander, and was present at the arrest of Sleydo' and Sampson.

Mahon read from the PowerPoint that police were directed to comply with the law and respect the Charter of Rights and Freedoms — such as section 15 of the charter, the right to the equal protection and equal benefit of the law without discrimination.

Mahon played an audio recording from microphones belonging to a journalist that were left on during the arrests in which police officers can be heard referring to blockade members with face paint on as "orcs."

Sleydo' and Sampson both were wearing red dresses and had red handprints painted over their mouths when they were arrested. Red dresses and handprints are both symbols for missing and murdered Indigenous women and girls.

Mahon said this was an example of a clear violation of the accused rights being breached during arrest.

Floyd said that though he was ashamed by the comments made by the officers and believes they are wrong, because the comments were not said to the accused, it did not interfere with their rights and how they were subsequently treated in custody.

Under questioning from Crown lawyer Paul Battin, Floyd said he had continuous dialogue with Chief Woos of the Cas Yikh, or Grizzly Bear House, of the Gidim'ten clan, leading up to the November 2021 raids, but failed to meet a resolution.

He said events such as a confrontation at the ​​Gidimt'en Checkpoint in October 2021 where blockade members told police they were not welcome, was seen as an escalation of aggression. Floyd said there was growing urgency for an enforcement action in order to get supplies to hundreds of workers stuck in camps along the Morice Forest Service Road that were running low on food and fuel.

Floyd also spoke about the arrest of several members of the media at the time, saying that he felt that it was hard to tell what their role was because they were embedded in the blockade camps.

The defence has finished calling its witnesses. The Crown will call further witnesses when the hearing resumes Nov. 4.