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.”
West Virginia, USA Legislature: Removing bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to minor of obscene matter (www.wvlegislature.gov)
Bill status tracking link: https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4654&year=2024&sessiontype=RS&btype=bill...