A B.C. judge has decided the RCMP violated a trio of pipeline protesters' Charter rights during their arrests in 2021, not enough to throw out the case but enough to warrant a reduced sentence.

A decision in the abuse of process application in the B.C. Supreme Court, brought by three defendants convicted of breaching a Coastal GasLink court injunction took over a year. 

In January 2024, Supreme Court Justice Michael Tammen found Sleydo' (a wing chief of Cas Yikh, a Witsuwit'en house group of the Gidimt'en Clan), Shaylynn Sampson (a Gtixsan-Witsuwit'en woman) and Corey Jocko (a Kanien'keh谩:ka Mohawk) man from Akwesasne in Ontario/Quebec) guilty for their role in blocking access to a Coastal GasLink work camp near Houston.

The defence alleged during their arrests and detention in November 2021 police officers from the RCMP's Community-Industry Response Group (CIRG) violated their constitutional and Indigenous rights and asked for a stay or proceedings. 

鈥淚 am not persuaded that a judicial stay of proceedings is an appropriate remedy for the state misconduct,鈥� Tammen told the court. 鈥淚 have found, rather I conclude, that the alternative remedy sought by the accused, a reduction in sentence is appropriate. Each of the three accused will be convicted of criminal contempt.鈥�

Tammen stated that Sampson and Sleydo鈥� had their Section 7 right 鈥� Life, liberty and security of the person 鈥� violated after they were arrested and police officers made racist comments about them.

A journalist鈥檚 recorder and a phone were both recording when they were confiscated during the arrests.

鈥淭he recorders were placed in separate police vehicles, and each recorded conversations between officers in those vehicles, which referred to Sleydo鈥� and Ms Sampson in highly offensive and clearly racist terms,鈥� Tammen said.

At the time of arrest, both women had red hand prints painted on their faces, a symbol of respect and solidarity to the plight of the many murdered and missing Indigenous women, girls and two spirit individuals.

Tammen said officers are heard making remarks referring to the women as 鈥榦rcs鈥� and laughing.

Senior officers have since apologized for their officers鈥� comments.  Tammen said he agreed with the defence submission that the comments were grossly offensive, racist and dehumanizing.

He also noted the failure of police to obtain a warrant before entering two buildings, a tiny house and a cabin, resulted in breaches of the accused's rights under sections eight and nine of the Charter.

However, he said, in his view, the failure to obtain a warrant added little to the calculus of whether or not the defendants were in criminal contempt of the injunction.

The courtroom in Smithers on decision day (Feb 18), was so packed an overflow room was set up for people to watch via a video link and media and Elders had to sit in the jury box.鈥�

Defence lawyer Frances Mahon spoke on social media following the decision.

鈥淚 want to start by saying that while today was not a complete victory, it is still a victory," she said.

"The court found that the conduct of the police officers abused the court's process. This is an extraordinarily rare finding, and it demonstrates how serious the police officers' misconduct was. In particular, it was a rebuke to the C-IRG members who thought it was appropriate to say the most egregious, racist things about beautiful Indigenous women when they thought nobody could hear them. We know what police officers say when they think no one can hear them, but now it is indisputable.鈥�

Sleydo' also spoke.

鈥淭here wasn't a possibility that today's decision would make me feel good about being forced into this colonial court process,鈥� she said. This whole process has been a violation of my rights and responsibilities as an indigenous person, and my responsibility to the health and wellness of our future generations and the Yintah [land].鈥�

She added she will celebrate the chiefs and their matriarchs, who have stood steadfast because they can envision what freedom looks like.

鈥淲e know what we are fighting for, and we know that the colonial courts will never serve true justice. Justice for us looks like RCMP off the Yinath, CGL [Coastal Gaslink] off the Yintah, and the freedom to live self-determined lives as Indigenous people on our own lands. And we know that with all of the support and everybody who stood with us and the continued eye of the world watching what has been happening on the Witsuwit'en territory and to indigenous people all over the globe, that we will achieve that.鈥�

The maximum sentence for criminal contempt is no more than five years imprisonment.

Sentencing is now scheduled for April 3.