A court case involving three Indigenous land defenders criminalized for protecting Wet'suwet'en territory concluded its closing arguments on Friday in Smithers, British Columbia. Sleydo' (Molly Wickham), a Wing Chief of the Gidimt'en Clan, emphasized their determination. "We are fighting for the recognition of Wet'suwet'en law in Canada," she said.
Shaylynn Sampson, a Gitxsan woman with Wet'suwet'en family connections, and Corey "Jayohcee" Jocko, a Kanien'kehá:ka (Mohawk) from Akwesasne, were arrested alongside Sleydo' during a 2021 Royal Canadian Mounted Police (RCMP) raid. They were found guilty of criminal contempt for allegedly breaching an injunction related to the Coastal GasLink (CGL) pipeline project. The British Columbia Supreme Court is now considering whether their arrests and convictions violated their constitutional rights, including allegations of excessive force by the RCMP during the arrests. A ruling in their favor could overturn their convictions.
Amnesty International has described the injunction as overly restrictive, infringing upon the rights of the land defenders and the Wet'suwet'en Nation. The organization's secretary general, Ketty Nivyabandi, stated, "Canada's criminalisation of Wet'suwet'en land defenders... is a stain on the country's human rights reputation and a step backwards on the road to reconciliation."
France-Isabelle Langlois, executive director of Amnistie Internationale Canada, noted, "It is irresponsible for the province to maintain such accusations..." She emphasized the contradiction between the criminalization of land defenders and British Columbia's commitment to the UN Declaration on the Rights of Indigenous Peoples.
The Wet'suwet'en Land Defenders case is one of nine highlighted by Amnesty International's Write for Rights campaign for 2024. Earlier this year, Chief Dsta'hyl (Adam Gagnon) became Canada's first Amnesty International prisoner of conscience after being sentenced to 60 days of house arrest for breaching the same injunction. During his house arrest, he stated, "I've been convicted for protecting our own land... This fight has been going on for 240 years. Now, we are all 'prisoners of conscience' because of what the colonisers have done to us."
The CGL liquefied natural gas pipeline, which crosses Wet'suwet'en territory, has been a flashpoint for conflict. Wet'suwet'en Hereditary Chiefs have not authorized the project, violating international standards requiring free, prior, and informed consent from Indigenous peoples. Sleydo' and other land defenders have faced years of alleged surveillance, harassment, and intimidation to uphold Wet'suwet'en law and protect their unceded territory.
The RCMP's actions during the 2021 raid, including the use of tactical units and allegations of excessive force, have been focal points of the court hearings. The case has broader implications for Indigenous sovereignty, human rights, and environmental justice, especially as Canada grapples with responsibilities under international human rights law. The BC Supreme Court's decision, expected soon, could significantly impact how Indigenous rights are upheld in legal disputes involving resource development projects.
For now, land defenders and their supporters await a ruling potentially empowering Indigenous law and governance. Sleydo' affirmed, "This is not just about us. It's about ensuring Indigenous laws and rights are respected, not criminalized."
