Trial of #LandDefenders Fighting the #CoastalGasLink #Pipeline is Put on Hold as Canadian #Police Come Under Scrutiny for Excessive Force

The defense for three activists from #FirstNations argues abuse of process by security forces around the pipeline construction site, as the U.N. and Amnesty International allege excessive force, surveillance and #criminalization of land defenders.

By Keerti Gopal
January 24, 2024

"The trial of three Indigenous land defenders arrested at a pipeline construction site on #unceded #Wetsuweten First Nation land was adjourned until spring on Friday, as the court looks into potential abuses by Canadian police.

"In the Supreme Court of British Columbia in Smithers, B.C., the trial is the latest development in the nearly 12-year fight against the Coastal GasLink natural gas pipeline in the Canadian province.

"Land defenders #Sleydo#MollyWickham, #ShayLynnSampson and #CoreyJocko were found guilty of criminal contempt earlier this month, with Justice Michael Tanmen ruling that they broke a court injunction forbidding them from blocking access to construction for the Coastal GasLink pipeline.

"But immediately following the verdict, Tanmen began a week-long hearing to listen to the three individuals’ abuse of process applications, which allege that their Charter rights were violated during their arrests and detentions. During the hearing, the defense argued to stay the charges based on these applications, citing excessive force, aggressive behavior, offensive language and mocking by police.

"In Canada, the abuse of process doctrine allows courts to stay, or postpone, a proceeding on the grounds that some element of the process was unfair, and might undermine the legal system. In this case, the abuse of process application focused on treatment during and after arrests.

"The trial began on Jan. 8 and consisted mainly of witness testimony and evidence gathered in November 2021, during one of four major police raids at the pipeline between 2019 and 2023. The evidence included videos from social media and other videos taken by officers from the Royal Canadian Mounted Police, Canada’s national police service.

"The videos, and testimony from witnesses, including #RCMP officers, detailed the police using dogs and firearms and wielding chainsaws to cut down the doors of a cabin where Sleydo’ and Sampson were arrested. Jocko was arrested in another small structure close by.

"The activists allege police used excessive force to break down the doors and used offensive language, showing videos in which officers described arrestees as 'orcs' and 'ogres.' The abuse of process hearing will likely restart in June.

"Chief Na’Moks, a Wet’suwet’en Hereditary Chief and prominent advocate against the pipeline, said that the trial may serve as a template for future legal battles across Canada, where several other pipeline projects are underway.

"'This is going to affect everything else that happens, not only in #BritishColumbia but in #Canada,' Chief Na’Moks said last week. “This is the template that they want to use...and the harassment and constant abuse of #HumanRights has to stop.”

https://insideclimatenews.org/news/24012024/first-nations-activists-fighting-coastal-gaslink-pipeline/

#ACAB #HumanRightsViolations #IndigenousActivism #BigOilAndGas #CorporateColonialism #IndigenousLandDefenders
#UncededLand #DirectAction #Fascism #CriminalizingDissent
#WaterIsLife #WaterProtectors #ForestDefenders #ClimateActivists #ClimateJustice #EcoActivists

Trial of Land Defenders Fighting the Coastal GasLink Pipeline is Put on Hold as Canadian Police Come Under Scrutiny for Excessive Force - Inside Climate News

The defense for three activists from First Nations argues abuse of process by security forces around the pipeline construction site, as the U.N. and Amnesty International allege excessive force, surveillance and criminalization of land defenders.

Inside Climate News

Abuse of process hearing for #Wetsuweten leader, blockade members to resume in June

The Coastal GasLink natural gas pipeline would run from Dawson Creek to Kitimat, B.C., through traditional territory of the Wet'suwet'en

CBC
19 January 2024

"An abuse of process hearing for three people found guilty of criminal #contempt of court for blocking work on the #CoastalGasLink #pipeline in November 2021 is being adjourned until June.

"Two weeks were scheduled this month in B.C. Supreme Court in Smithers for a trial and abuse of process application for #Sleydo', also known as #MollyWickham, a Wing Chief of #CasYikh, a house group of the #Gidimten Clan of the Wet'suwet'en Nation; #ShaylynnSampson, a #Gitxsan woman with Wet'suwet'en family ties and #CoreyJocko, who is Kanien'kehá:ka (#Mohawk) from #Akwesasne, which straddles the Quebec, Ontario and New York state borders.

"The accused were found guilty last Friday by Justice Michael Tammen of criminal contempt of court for breaking a 2019 injunction that impedes anyone from blocking work on the Coastal GasLink pipeline.

"Tammen then began hearing the abuse of process application that alleges #RCMP used excessive force when they were arrested and that they were treated unfairly while in custody.

"The filing asks if the judge doesn't stay their charges, then it would be appropriate to reduce their sentences based on their treatment by police.

"Several RCMP witnesses have testified so far about the two-day raid in November 2021 enforcing the injunction.

"Const. Mark Freeman and Cpl. Colin Warwick, who were in charge of police dogs on scene, testified on Friday.

"They told the court that the dogs were there to look for people who may be hiding in the area or detect possible booby traps, but they found no people or booby traps.

"During two days of testimony earlier this week, Supt. James Elliott spoke about factors that played a role in deciding the resources used to enforce the injunction.

"Elliott said he was considering information about half-cut trees along the side of the forest service road that had potential to fall, a social media post that indicated weapons were hidden under the snow in the area, the possibility of booby traps along the road and use of the Kanien'kehá:ka (Mohawk) warrior flag, that police thought indicated heightened #activism.

"Several other police witnesses also mentioned the potential for booby traps but no one said any were found.

"During cross-examination of the RCMP witnesses, defence lawyer Frances Mahon told the court the social media post was referring to the #Haudenosaunee great law of peace, in which five warring nations bury their weapons under a pine tree to unite.

"Mahon also played audio recordings in which officers can be heard referring to people being arrested as 'orcs' and 'ogre.' In another recording, RCMP officers can be heard laughing about an officer beating a person being arrested and grabbing and twisting their testicles.

"When the hearing resumes, the defence is expected to call several witnesses, including the three accused.

"The hearing is expected to resume in Smithers June 17-21."

https://uk.news.yahoo.com/abuse-process-hearing-wetsuweten-leader-215317616.html

#ACAB #SLAPPs #IndigenousActivism
#BigOilAndGas #CorporateColonialism
#IndigenousLandDefenders
#LandBack #2023PublicOrderAct #DirectAction #Fascism #CriminalizingDissent
#WaterIsLife #WaterProtectors
#ForestDefenders
#ClimateActivists
#ClimateJustice
#EcoActivists #HumanRightsViolations
#Article20 #RightToProtest

Abuse of process hearing for Wet'suwet'en leader, blockade members to resume in June

An abuse of process hearing for three people found guilty of criminal contempt of court for blocking work on the Coastal GasLink pipeline in November 2021 is...

Yahoo News