Defence Seeks Time Served for Pipeline Protesters Amid RCMP Controversy

UPDATE: Defence counsel has urgently requested that three Coastal GasLink pipeline opponents receive time served as their sentence, citing serious misconduct by police during their arrests in Northwest B.C.. The appeal comes as the court reconvenes today, October 16, 2023, to discuss the fate of Sleydo’ (Molly Wickham), Shaylynn Sampson, and Corey Jocko, all convicted of criminal contempt for blockading a worksite near Houston in November 2021.

During the proceedings, defence attorney Frances Mahon argued that the time already spent in police custody should suffice, challenging the Crown’s stance on the necessity of additional jail time. The defence highlighted the abhorrent conduct of the RCMP during the arrests, which included failures to obtain appropriate warrants and instances of racist comments made by officers.

In a previous ruling, Justice Michael Tammen found that the RCMP violated the Charter rights of the defendants by entering their homes unlawfully. Although he did not dismiss the case, he indicated he would consider a reduction in their sentences. Mahon emphasized that a sentence of time served would help restore the integrity of the judicial system, which she claimed was tarnished by the police’s actions.

The Crown, however, suggested a minimal reduction of two to five days for each defendant, proposing sentences of 30 days for Sleydo’, 25 days for Jocko, and 20 days for Sampson. They argued that while police behavior was inappropriate, it did not warrant significant leniency.

Mahon countered this by highlighting the damaging nature of the officers’ comments, describing how they mocked the defendants for wearing red-painted handprints on their faces—a gesture of solidarity with Missing and Murdered Indigenous Women, Girls, and two-spirit (MMIWG) persons. She pointed out that police referred to them as “Orks,” a derogatory comparison that undermines the seriousness of the MMIWG movement.

The defence argued that imposing further jail time would send a negative message to the public and Indigenous communities, further degrading the court’s reputation. Mahon stated, “Further jail time will further degrade the reputation of the court,” adding that justice has already been served given the high-profile nature of these proceedings.

With the backdrop of ongoing discussions around Indigenous rights, Mahon invoked the Supreme Court of Canada’s Delgamuukw decision and a 2020 memorandum of understanding between Wet’suwet’en hereditary chiefs and the governments, arguing that the lack of implementation of these agreements is pivotal to understanding the context of their actions.

As the court proceedings unfold, all eyes are on whether the judge will accept the defence’s recommendation for time served or impose additional penalties. The outcome will not only impact the defendants but may also reflect broader societal attitudes towards Indigenous rights and police accountability in Canada.

Stay tuned for updates as this developing story continues to unfold.