The court case involving three Indigenous land defenders criminalized for their efforts to protect the ancestral, unceded territory of the Wet’suwet’en Nation reached a critical juncture on Friday as closing arguments concluded in Smithers, British Columbia.
- Related: Write for Rights 2024 targets Canada’s criminalization of Wet’suwet’en land defenders
- Sign the petition: Protect Wet’suwet’en land defenders
The decision in the abuse-of-process case now rests with the B.C. Supreme Court following hearings that examined whether the Royal Canadian Mounted Police (RCMP) used excessive force during the arrests of the land defenders in violation of their human rights. A decision in the defenders’ favour could see their previous criminal contempt convictions voided on constitutional grounds.
The ruling is expected to be handed down on 18 February 2025.
The Wet’suwet’en court case involves Sleydo’ (Molly Wickham), a Wing Chief (Cas Yikh house) of the Gidimt’en Clan of the Wet’suwet’en Nation; Shaylynn Sampson, a Gitxsan woman with Wet’suwet’en family connections; and Corey “Jayohcee” Jocko, who is Kanien’kehá:ka (Mohawk) from Akwesasne. All three were arrested during a violent RCMP raid on Wet’suwet’en territory in November 2021 and subsequently found guilty of criminal contempt for allegedly breaching a court injunction order related to the Coastal GasLink (CGL) pipeline project.
‘Canada’s ongoing criminalization of Wet’suwet’en land defenders and their allies is a stain on the country’s human rights reputation and a step backwards on the road to reconciliation.’
Ketty Nivyabandi, Secretary General, Amnesty International Canada’s English-speaking section
Amnesty International’s research has concluded the injunction order unduly restricts the human rights of the land defenders and the Indigenous rights of the Wet’suwet’en Nation. The organization is closely monitoring the Wet’suwet’en court case. Amnesty International will consider declaring the defenders prisoners of conscience in the event they are sentenced to jail or house arrest, after reviewing the judgments.
“Canada’s ongoing criminalization of Wet’suwet’en land defenders and their allies is a stain on the country’s human rights reputation and a step backwards on the road to reconciliation,” said Ketty Nivyabandi, Secretary General of Amnesty International Canada’s English-speaking section. “They deserve solidarity, not a criminal sentence, for their efforts to protect their territory and our collective right to a healthy environment.”
“Indigenous land defenders are being criminalized for the sole reason of protecting their lands and rights against a fossil fuel project to which they have not given their free, prior and informed consent, as required by international law,” said France-Isabelle Langlois, Executive Director of Amnistie internationale Canada francophone. She added: “In the context of the global climate crisis, it is irresponsible, to say the least, that the British Columbia government has maintained such accusations, in defiance of its international obligations, even though the province passed legislation on the implementation of the UN Declaration on the Rights of Indigenous Peoples a few years ago.”
The Wet’suwet’en Land Defenders is one of nine cases selected for this year’s Write for Rights campaign. Each year, on and around December 10 (International Human Rights Day), Amnesty International supporters write millions of letters, emails, tweets, Facebook posts, and postcards in support of individuals at risk. This is only the second time a Canada-focused case has been selected for Amnesty International’s global Write for Rights campaign.
Canada’s first Amnesty International prisoner of conscience
Amnesty International has already made a prisoner-of-conscience declaration in the case of a Wet’suwet’en land defender sentenced by the B.C. court. Earlier in 2024, Chief Dsta’hyl (also known as Adam Gagnon), a wing chief of the Wet’suwet’en Nation’s Likhts’amisyu Clan, became the first person held by Canada to receive an Amnesty International prisoner-of-conscience designation. Chief Dsta’hyl was arrested in 2021 and then charged for allegedly breaching the injunction banning land defence actions near the construction of the CGL pipeline. A judge found him guilty and sentenced him to 60 days of house arrest.
“I’ve been convicted for protecting our own land while Wet’suwet’en laws have been sidelined,” Chief Dsta’hyl said in July while serving house arrest at his home on Wet’suwet’en territory.
“The end goal for us in this struggle is the recognition of Wet’suwet’en law in Canada, and it’s unfortunate that the Crown is digging in their heels instead. This fight has been going on for 240 years. We have been incarcerated on the reserves where they have turned us into ‘Status Indians.’ Now, we are all ‘prisoners of conscience’ because of what the colonizers have done to us.”
Years of unlawful surveillance, harassment, and intimidation
Wet’suwet’en land defenders have faced years of unlawful surveillance, intimidation, and harassment in their struggle to protect their ancestral lands from the construction of the CGL liquefied natural gas pipeline. Construction of the pipeline has proceeded without the free, prior, and informed consent of the Wet’suwet’en Hereditary Chiefs, on behalf of their clans, in violation of international human rights law and standards, including the UN Declaration on the Rights of Indigenous Peoples.
Amnesty International has documented these abuses in the groundbreaking 2023 report ‘Removed from our land for defending it’: Criminalization, Intimidation and Harassment of Wet’suwet’en Land Defenders.
Wet’suwet’en Q&A
What is happening in Wet’suwet’en territory?
The Wet’suwet’en Nation, under the governance of its Hereditary Chiefs, is defending its ancestral, unceded territory against the construction and operation of the Coastal GasLink (CGL) pipeline, which transports liquified natural gas extracted from the Dawson Creek area in British Columbia (BC) to a liquified natural gas (LNG) export facility near Kitimat, BC. The 670-kilometre-long pipeline has divided Wet’suwet’en territory into two.
The Wet’suwet’en have never sold, surrendered or in any way relinquished their collective title to their territories. The Wet’suwet’en Hereditary Chiefs, on behalf of their clans, oppose the pipeline’s construction and operation. For over a decade, Wet’suwet’en land defenders have been constructing what they refer to as “re-occupation sites” across the Yin’tah (Wet’suwet’en territory) as a way of re-affirming their authority over it, as well as to protect it from environmentally destructive projects and industries.
The Wet’suwet’en Hereditary Chiefs have implemented a free, prior and informed consent (FPIC) protocol that requires any visitors to the territory to seek their permission in order to enter. CGL has never received this permission nor consent to operate on Wet’suwet’en territory. In February 2019, Wet’suwet’en Hereditary Chiefs called for a stop work order on the pipeline. They issued eviction notices to CGL in January 2020 and reaffirmed the eviction in November 2021. Even though the Wet’suwet’en Hereditary Chiefs, on behalf of their clans, have consistently withheld their consent for the CGL pipeline project, construction of the pipeline is proceeding without their free, prior and informed consent.
In December 2019, the British Columbia Supreme Court (BCSC) granted CGL an interlocutory injunction which prevents Wet’suwet’en land defenders and their supporters from blockading the Morice Forest Service Road to attempt to stop pipeline construction in Wet’suwet’en territory. The injunction includes enforcement provisions under which land defenders can be arrested for approaching pipeline construction sites and blockading the road, even though these sites are located on Wet’suwet’en territory. The injunction has permitted CGL to proceed with pipeline construction without adequate consultation and without the Wet’suwet’en Nation’s free, prior and informed consent.
Operating under the injunction, the Royal Canadian Mounted Police (RCMP), its Critical Response Unit (CRU) and CGL’s private security firm, Forsythe Security, intimidate, harass and unlawfully surveil Wet’suwet’en land defenders. The pipeline project has fundamentally altered Wet’suwet’en territory and the Nation’s way of life. Significant police and private security presence have resulted in a profound imposition of heavy, unlawful surveillance and control over land defenders’ daily lives. They are regularly followed, filmed and photographed by the RCMP and Forsythe Security.
From January 2019 to March 2023, the RCMP undertook four large-scale police operations against Wet’suwet’en land defenders and their supporters on Wet’suwet’en territory as a way of enforcing the injunction. The land defenders were taking peaceful actions to protect Wet’suwet’en territory against construction of the CGL pipeline. During these raids, the RCMP were equipped with semi-automatic weapons, helicopters and dog units. Over 75 land defenders were arbitrarily arrested and detained, solely for exercising their Indigenous rights and their rights to freedom of expression and peaceful assembly.
In June and July 2022, the BC Prosecution Service decided to prosecute 20 land defenders with criminal contempt for allegedly disobeying the injunction order to stay away from pipeline construction sites. Five out of the 20 land defenders pled guilty in December 2022 because of their bail conditions, which prohibited them from being on Wet’suwet’en territory and any other frontline resistance against extractive projects across Canada, as well as the psychological and financial impacts that the criminal trial process was having on them. Five others had the charges dropped against them, and three are awaiting next steps.
Several land defenders went on trial in 2023 and 2024. In November 2023, land defender Sabina Dennis was found not guilty of criminal contempt. In January 2024, land defenders Sleydo’ (Molly Wickham), Shaylynn Sampson and Corey (Jayohcee) Jocko were found guilty of criminal contempt, however, their trial is ongoing as the BCSC is considering an application which alleges that their human rights were violated by the RCMP during the raids. In February, Likhts’amisyu Clan Wing Chief Dtsa’hyl was found guilty of criminal contempt for violating the terms of the injunction order and was sentenced to 60-days house arrest, which he served from July to August 2024.
The criminalization, intimidation, harassment and unlawful surveillance of Wet’suwet’en land defenders form part of a concerted effort by the State to remove them from their ancestral territory to allow the pipeline project to proceed. These actions have resulted, and continue to result, in ongoing violations of the human rights of Wet’suwet’en land defenders and their supporters, including the right to life, liberty, security of the person, privacy, family life, non-discrimination, culture and their collective rights as Indigenous Peoples. Women Wet’suwet’en land defenders have experienced both threats and acts of gender-based violence and discrimination. Wet’suwet’en and other Indigenous land defenders have experienced racial discrimination.
What is the Wet’suwet’en protest about?
The Wet’suwet’en Nation, under the governance of its Hereditary Chiefs, is defending its ancestral, unceded territory against the construction and operation of the Coastal GasLink (CGL) pipeline, which transports liquified natural gas extracted from the Dawson Creek area in British Columbia (BC) to a liquified natural gas (LNG) export facility near Kitimat, BC. The 670-kilometre-long pipeline has divided Wet’suwet’en territory into two.
The Wet’suwet’en have never sold, surrendered or in any way relinquished their collective title to their territories. The Wet’suwet’en Hereditary Chiefs, on behalf of their clans, oppose the pipeline’s construction and operation. For over a decade, Wet’suwet’en land defenders have been constructing what they refer to as “re-occupation sites” across the Yin’tah (Wet’suwet’en territory) as a way of re-affirming their authority over it, as well as to protect it from environmentally destructive projects and industries.
The Wet’suwet’en Hereditary Chiefs have implemented a free, prior and informed consent (FPIC) protocol that requires any visitors to the territory to seek their permission in order to enter. CGL has never received this permission nor consent to operate on Wet’suwet’en territory. In February 2019, Wet’suwet’en Hereditary Chiefs called for a stop work order on the pipeline. They issued eviction notices to CGL in January 2020 and reaffirmed the eviction in November 2021. Even though the Wet’suwet’en Hereditary Chiefs, on behalf of their clans, have consistently withheld their consent for the CGL pipeline project, construction of the pipeline is proceeding without their free, prior and informed consent.
Since 2018, Wet’suwet’en land defenders and their supporters have taken peaceful actions to protect Wet’suwet’en territory against construction of the CGL pipeline.
How did the Wet’suwet’en protests start?
All five clans of the Wet’suwet’en Nation oppose the construction and operation of the Coastal GasLink (CGL) pipeline. The Wet’suwet’en struggle is a frontline to protect the inherent rights of Indigenous Peoples and to prevent climate change. They oppose the pipeline project because of the significant impacts it has on the land and waterways that make up Wet’suwet’en territory, which, in turn, impact the Nation’s governance, traditional practices such as hunting and berry picking, and the passing of traditional knowledge to future generations.
The Yin’tah (Wet’suwet’en territory) is central to the Wet’suwet’en Nation’s culture, way of life and worldview. The Yin’tah is the way in which the Nation protects their unique identity and way of life. The Yin’tah is essential for the survival of the Wet’suwet’en as an Indigenous Peoples. They are fighting to protect the Yin’tah against the pipeline and preserve it for future generations.
The fight, however, it not only about Indigenous Peoples and their territories, it is about everyone whose lives will be affected by the environmental degradation and destruction that the pipeline is, and will, cause.
What is Wet’suwet’en?
The Wet’suwet’en Nation is an Indigenous Peoples who’s ancestral, unceded territory is located is so-called northwest British Columbia.
The Wet’suwet’en Indigenous Nation has over 5000 members organized in five clans: Gil_seyhu (Big Frog), Laksilyu (Small Frog), Gidimt’en (Wolf/Bear), Laksamshu (Fireweed) and Tsayu (Beaver). These clans are made up of thirteen matrilineal house groups. Each house group has a House Chief and supporting wing chiefs who hold advisory roles and assist in decision making. House Chiefs represent their houses. The various House Chiefs within a clan collectively represent the entire clan. Under ‘Anuc niwh’it’en (Wet’suwet’en law), each clan has the responsibility and authority to control access to their territories.
Who are the Wet’suwet’en?
The Wet’suwet’en Indigenous Nation has over 5000 members organized in five clans: Gil_seyhu (Big Frog), Laksilyu (Small Frog), Gidimt’en (Wolf/Bear), Laksamshu (Fireweed) and Tsayu (Beaver). These clans are made up of thirteen matrilineal house groups. Each house group has a Hereditary House Chief and supporting wing chiefs who hold advisory roles and assist in decision making. Hereditary Chiefs represent their houses. The various Hereditary Chiefs within a clan collectively represent the entire clan. Under ‘Anuc niwh’it’en (Wet’suwet’en law), each clan has the responsibility and authority to control access to their territories.
Wet’suwet’en decision-making requires the collective House Group Chiefs to discuss important matters and come to consensus. All decisions are made through and ratified in the feast system (baht’lats). Hereditary Chiefs are given their titles and associated authority over the territory at feasts. The Hereditary Chiefs use the authority vested in them in the feast hall to settle disputes and breaches of Wet’suwet’en law. Despite past concerted and systematic efforts by the Canadian government and its agents to displace the feast from the life of Wet’suwet’en Peoples, today the feast system remains a central part of Wet’suwet’en governance, social structure and worldview.
Wet’suwet’en Hereditary Chiefs have had continuous authority over Wet’suwet’en territory since time immemorial. The Supreme Court of Canada’s 1997 Delgamuukw-Gisday’wa decision affirmed the Wet’suwet’en’s hereditary governance structure. The Office of the Wet’suwet’en is the administrative arm of the Hereditary Chiefs.
The Wet’suwet’en Nation has never signed a formal treaty with the Crown. On 24 May 2020, the Wet’suwet’en Hereditary Chiefs signed a memorandum of understanding with the governments of Canada and B.C., recognizing Wet’suwet’en aboriginal rights and title throughout the Yin’tah and that these rights and title are held by Wet’suwet’en Houses under their system of governance.
Where is Wet’suwet’en territory?
The Wet’suwet’en Nation’s ancestral, unceded territory, called Yin’tah, is located in so-called northwest British Columbia.
The Wet’suwet’en Nation has never signed a formal treaty with the Crown. On 24 May 2020, the Wet’suwet’en Hereditary Chiefs signed a memorandum of understanding with the governments of Canada and B.C., recognizing Wet’suwet’en aboriginal rights and title throughout the Yin’tah and that these rights and title are held by Wet’suwet’en Houses under their system of governance.
The Wet’suwet’en Nation has never relinquished or surrendered its title or rights to the lands and resources within its territory. Wet’suwet’en Hereditary Chiefs have had continuous authority over Wet’suwet’en territory since time immemorial.
Who are the Wet’suwet’en Hereditary Chiefs ?
The Wet’suwet’en Hereditary Chiefs are the ancestral authorities of the Wet’suwet’en.
The Wet’suwet’en Nation has five clans: Gil_seyhu (Big Frog), Laksilyu (Small Frog), Gidimt’en (Wolf/Bear), Laksamshu (Fireweed) and Tsayu (Beaver). These clans are made up of thirteen matrilineal house groups. Each house group has a Hereditary House Chief and supporting wing chiefs who hold advisory roles and assist in decision making. Hereditary Chiefs represent their houses. The various Hereditary Chiefs within a clan collectively represent the entire clan. Under ‘Anuc niwh’it’en (Wet’suwet’en law), each clan has the responsibility and authority to control access to their territories.
Wet’suwet’en Hereditary Chiefs have had continuous authority over Wet’suwet’en territory since time immemorial. The Supreme Court of Canada’s 1997 Delgamuukw-Gisday’wa decision affirmed the Wet’suwet’en’s hereditary governance structure. The Office of the Wet’suwet’en is the administrative arm of the Hereditary Chiefs.
