Amid chants of protest outside the Smithers courthouse March 6, the sentencing of Likhts鈥檃misyu Clan鈥檚 Chief Dsta鈥檋yl (Adam Gagnon), was postponed awaiting the completion of a Gladue report.
Dsta鈥檋yl was found guilty of criminal contempt in a Smithers courtroom in February on charges from the 2021 Coastal GasLink pipeline blockade.
He was arrested Oct. 27, 2021 in Houston and charged with theft over $5,000 for disabling Coastal GasLink equipment while serving an eviction notice to company employees. The legality of that eviction notice did not hold up in court.
The Coastal GasLink pipeline, stretching across northern B.C. was mechanically completed as of October last year at a cost of $14.5 billion.
The crown is seeking a 60-90 day jail sentence for Dsta鈥檋yl鈥檚 interference in the pipeline鈥檚 construction.
Dsta鈥檋yl鈥檚 defence said they will ask for a non-custodial sentence, but will also be submitting a Gladue report.
These reports contain information on the unique circumstances of Indigenous people accused of offences under Canadian law. It requires a sentencing judge to consider systemic and background factors of the person, and the types of sentencing procedures and sanctions that are appropriate in the circumstances.
At the end of the March 6 hearing it was unclear when the report would be ready for the court and the parties could not decide on a date for the continuation of the sentencing. At a scheduling conference on March 8, the date was set for July 2 - 3, 2024.
Outside the hearing, Dtsa鈥檋yl鈥檚 supporters, including members of the Gitxsan Huwilp Government, marched through downtown Smithers to the courthouse to protest industry-led court injunctions such as the one Dsta鈥檋yl allegedly breached.
鈥淭he BC Supreme Court is making an example of this, sentencing a Wet鈥檚uwet鈥檈n Hereditary Wing Chief for criminal contempt for protecting his traditional territory against industry raiding,鈥� read a statement by Gitxsan Hereditary Chief Negotiator Gwiiyeehl (Brian Williams).
鈥淗ereditary Chiefs have a fiduciary responsibility to protect the lands for current and future generations.鈥�
Williams challenged the province鈥檚 authority in the courts, citing the 1997 Delgamuukw Supreme Court of Canada ruling that orders land issues be addressed in negotiations rather than litigation.
The protesters also renewed calls for ending industry-led injunctions on Indigenous lands, and the dismantling of the RCMP鈥檚 Community-Industry Response Group (C-IRG), a controversial, militarized unit formed in 2017 to intervene in protests of resource-based industrial projects in the province.
The unit is largely known for its tactical operations at the Coastal GasLink pipeline blockade, from which Dsta鈥檋yl鈥檚 charges stemmed.
Their activities and operations are currently under a systemic investigation by the federal government鈥檚 Civilian Review and Complaints Commission (CRCC).
-with files from Thom Barker
Editor鈥檚 note: This story was updated on March 11 to include continuation dates for the continuation of sentencing.
