Civil trial examines photojournalist’s arrest at Wet’suwet’en pipeline protest

Civil Trial Over Press Freedom Begins

A civil trial initiated by The Narwhal and photojournalist Amber Bracken against the RCMP started with both sides debating whether her arrest during the 2021 Wet’suwet’en pipeline standoff was part of a campaign to limit press freedom.

Claims of Constitutional Rights Violations

Bracken and The Narwhal are seeking a declaration that her detention at a protest camp against the Coastal GasLink pipeline violated her and her employer’s constitutional rights to freedom of the press.

They also want Justice Diane MacDonald to award general, aggravated, special, and punitive damages against the defendants, which include the RCMP and the B.C. and Canadian governments.

Arguments from Both Sides

Sean Hern, lead counsel for the plaintiffs, stated that denying journalists access can weaken democracy. He emphasized that without journalists like Bracken, arrests at protests would go unreported, leaving the public to rely on press releases for information.

“Reliable information gathered and transmitted to the public by members of the press is a pillar of a functioning democracy,” Hern said.

Defendants’ Position

Craig Cameron, lead lawyer for the defendants, argued that the trial should focus narrowly on Bracken’s case. He requested a private hearing to discuss removing several journalists from testifying, claiming most did not have material evidence related to Bracken’s arrest.

Cameron stated the main question of the trial is whether the RCMP had reasonable grounds to arrest Bracken for breaching a court injunction on November 19, 2021. He asserted that evidence would support a “yes” answer.

Background of the Arrest

The arrest of Bracken and documentary filmmaker Michael Toledano raised concerns over press freedom and the RCMP’s actions. At the time, the RCMP stated they were enforcing a court injunction that prohibited protesters from obstructing pipeline workers.

Bracken, who won the 2022 World Press Photo of the Year, is expected to testify on Tuesday. The lawsuit claims she was inside a cabin in the exclusion zone to photograph Wet’suwet’en protesters as police intervened.

Allegations Against the RCMP

The suit alleges that RCMP leadership knew Bracken was on assignment for The Narwhal but did not verify her claims as they arrested her. She was detained for three days, and the charges against her were later dropped.

Carol Linnitt, acting editor-in-chief of The Narwhal, stated that injunction zones allow the RCMP to control journalism. She warned that press freedom could diminish under these conditions.

Police and Government Response

The written response from police and government claims Bracken and other pipeline opponents occupied a cabin that interfered with pipeline construction. They state Bracken was arrested on reasonable grounds for breaching the injunction order.

Hern countered that labeling Bracken as an “occupier” is incorrect, arguing that a journalist’s role is to observe and document events for the public.