Updates on the criminal contempt trials of Indigenous land defenders upholding Wet’suwet’en law on Wet’suwet’en land:
- Win! Land defender Sabina Dennis found not guilty of criminal contempt
- Dinï ze’ Dsta’hyl Adam Gagnon trial completed, decision to be announced on February 20th, 2024
- Trial for land defenders Sleydo’ Molly Wickham (Wet’suwet’en), Shay lynn Sampson (Gitxsan), and Corey “Jayohcee” Jocko (Haudenosaunee) on January 8–19, 2024
These three trials are among the few cases that have gone to trial from three large-scale, militarized police raids on Wet’su’wet’en Yintah since 2019.
Coyote Camp Trial: January 8–19, 2023
The criminal contempt trial for Sleydo’ Molly Wickham (Wet’suwet’en), Shay lynn Sampson (Gitxsan), and Corey “Jayohcee” Jocko (Haudenosaunee) will start on January 8th at 10am at the Smithers Court House (Main & Alfred), Cas Yikh Yintah.
The first week of trial will address the criminal contempt proceedings regarding the injunction. The second week of trial will be for our abuse of process proceedings alleging that the RCMP used excessive force and broke the law when they raided Wet’suwet’en territory in November of 2021.
Those arrested at Coyote camp potentially face 30 days jail time if convicted.
Please attend and show your support to those who are facing possible jail time and criminalization for protecting our yintah.
Background
In response to CGL’s violation of the Wet’suwet’en law of trespass, Wet’suwet’en hereditary chiefs issued an eviction notice to CGL on November 14th, 2021.
Coyote Camp was established at the CGL drill pad site on September 25th, 2021. On November 18th and 19th, 2021, in response to these acts of Wet’suwet’en sovereignty, heavily-militarized RCMP officers invaded the yintah for the third time and arrested 32 people, including several journalists and legal observers. Land defender Sabina Dennis (Dakelh) was arrested on November 18th at Gidimt’en Checkpoint. Land defenders Sleydo’ Molly Wickham (Wet’suwet’en), Shay lynn Sampson (Gitxsan), and Corey “Jayohcee” (haudenosaunee) were arrested on November 19th at Coyote Camp.
BC Prosecution Service brought criminal contempt charges against 19 of the people arrested in November 2021 for violating an injunction issued by the B.C. Supreme Court that “prevents anyone from blocking access to roads or work sites used for the construction of the Coastal GasLink pipeline.”
Sabina Dennis and Dinï ze’ Dtsa’hyl Adam Gagnon have completed their trials. Sabina was recently acquitted and Dinï ze’ Dtsa’hyl will receive the decision for his trial on February 20th, 2024.
This is one of the few cases from three large scale police raids on Wet’suwet’en Yintah since 2019 that have gone to trial.
Land Defender Sabina Dennis Found Not Guilty
On November 29, 2023, Sabina Dennis was found not guilty of criminal contempt. This charge arose out of her arrest on November 18, 2021 — when the RCMP arrested her on the Lamprey Creek bridge for violating the injunction. B.C. Supreme Court Judge Michael Tammen acquitted Dennis because he determined that she did not have the mental intent required to prove criminal contempt.
Contempt of court requires proof that:
- A court order existed at the time,
- The accussed had knowledge of the order, and 3) the accused intentionally violated the order.
Unlike civil contempt, criminal contempt has an additional requirement that 4) the accused intentionally defied the court order in a way that would depreciate the authority of the court.
Although the prosecutors proved the first three elements, the case ultimately rested on the fourth factor: whether Dennis intended to bring disrespect to the court when she violated the injunction. According to Judge Tammen, the “crux of the matter” rested on Dennis’s credibility.
Judge Tammen determined that Sabina “had attempted to play a peacekeeping [and witness] and was not intending to breach the injunction as RCMP officers carrying rifles and wearing military-style fatigues moved to arrest people.”
He also acknowledged that the RCMP “arrived at the site with a significant show of force” as they moved to make arrests and reopen the remote resource road after it had been closed for several days by Wet’suwet’en hereditary leadership, who oppose the pipeline project.
Judge Tammen recognized that because Dennis was on the bridge to serve as a witnes and negotiator, she was not intentionally, recklessly, or negligently bringing disrespect to the court in violating the injunction. Therefore, the judge acquitted Dennis and found her not guilty of criminal contempt.
This is the first time that this argument has been used successfully in a criminal contempt case.
Dinï Ze’ Dtsa’Hyl Trial Updates
At the beginning of December 2023, the B.C. Supreme Court heard final arguments in the trial of Wet’suwet’en Hereditary Chief Dsta’hyl, Adam Gagnon, who was arrested in October 2021.
The decision will be announced February 20th, 2024.
To support all our legal efforts, please donate: https://chuffed.org/project/yintahlegal