The abuse of process application in the B.C. Supreme Court, brought by three defendants convicted of breaching a Coastal GasLink court injunction, will require additional proceedings.
Following seven days of testimony by Sleydo' (Molly Wickham), Shaylynn Sampson and Corey Jayochee Jocko in Smithers, the defence completed its submissions Sept. 11.
In January, Supreme Court Justice Michael Tammen found Sleydo' (a wing chief of Cas Yikh, a Witsuwit'en house group of the Gidimt'en Clan), Sampson (a Gtixsan-Witsuwit'en woman) and Jocko (a Kanien'kehá: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 alleges during their arrest and detention in November 2021 police officers from the RCMP's Community-Industry Response Group (CIRG) violated their constitutional and Indigenous rights.
The court heard testimony from the three defendants, as well as, the CIRG commander, RCMP Supt. Ken Floyd.
Videos and audio recordings from the time of the arrests were played and submitted into evidence, demonstrating, according to the defence, excessive use of force and mocking behaviour of officers involved in the arrests.
Sleydo' testified that, in addition to what she has described as a violent attack on the cabin the group was occupying, she was mocked by police officers, had cultural items forcibly removed from her person, sat in a police vehicle for hours and was denied access to medical masks even though it was a during the height of the COVID-19 pandemic.
She also testified she has suffered ongoing post-traumatic stress disorder (PTSD) since her arrest and detention.
Jocko recounted the "scary" night listening to other arrests going on at a checkpoint down the road, anticipating a potentially violent encounter coming their way.
Floyd said he was ashamed by the mocking comments of some of the officers caught on tape, but denied it violated the defendants' rights as the comments were not directed at them.
He testified the defendants were treated fairly throughout the process.
The Crown will call more witnesses when the proceedings resume on Nov. 4.
The Sept. 3 - 11 hearing was attended by representatives of Amnesty International including David Matsinhe, director of policy advocacy and research at Amnesty International Canada.
Matsinhe said he felt it was important to make the trip from Ottawa to bear witness to what is going on with corporations and governments on the Witsuwit'en yintah.
"One of the things that we hope to accomplish with this work is to ensure that the global community knows that Indigenous people are treated badly in Canada," he said.
"But we also want Canadians to know that what's happening in their own backyard is unacceptable. They should know and they should contest. They should press their elected representatives to ensure that this does not continue to happen."
The human rights organization also got involved in the recent case of another Coastal GasLink opponent, Chief Dsta'hyl (Adam Gagnon). When Dsta'hyl was sentenced to 60 days house arrest in early July, Amnesty designated him a prisoner of conscience, the first time the organization has done so in Canada.
Amnesty International has said if the current case proceeds to sentencing, they will consider doing the same with Sleydo', Sampson and Jocko.
Dsta'hyl's case is currently under appeal.
