Inspector later told officer items could be returned
WARNING: this story contains details of cultural items being forcibly removed
CBC Indigenous: An RCMP officer told court in Smithers, B.C., Tuesday it’s common practice to remove cultural items from people when they’re being processed into custody.
Justice Michael Tammen is hearing an abuse of process application brought by Sleydo’ (Molly Wickham), Shaylynn Sampson, and Corey Jocko. Tammen found the three guilty in January of criminal contempt of court for breaking an injunction against blocking work on the pipeline.
The abuse of process application alleges RCMP used excessive force while arresting the accused in November 2021 and the group was treated unfairly while in custody. It asks the judge to stay the criminal contempt of court charges or to reduce their sentences based on their treatment by police.
Sleydo’, a wing chief of Cas Yikh, a house group of the Gidimt’en Clan of the Wet’suwet’en Nation, and Sampson, a Gitxsan woman with Wet’suwet’en family ties, have previously testified to being physically restrained by RCMP officers and having cultural items forcibly removed while at the Prince George RCMP detachment.
Both Sleydo’ and Sampson described the interactions as being among the most traumatic things that happened to them while in custody.
Cpl. Michael Flewelling, one of the officers involved in the interactions at the Prince George detachment, testified Tuesday.
Sleydo’ was arrested with three cultural items: a medicine bag worn around her neck, a cedar bracelet and earrings that represent her clan — items she was allowed to keep while in custody in Houston and later in Smithers.
Flewelling, who was in charge of the intake of prisoners at the detachment, said all items are removed from prisoners when they are being booked into cells for their own physical safety, the safety of others and to ensure they can’t escape.
Flewelling said he was concerned about the medicine bag because the long string posed a safety risk and he was concerned about what substances were contained in the pouch.
A video played in court shows Flewelling restraining Sleydo’ while the medicine pouch was cut from her neck, after she refused to hand it over.
Flewelling said that is common practice when someone detained is not co-operating.
In an audio recording of the interaction played in court, Flewelling was heard asking Sleydo’ to put the medicine bag in an envelope so officers didn’t have to touch it. The item was then cut off her neck after she refused to remove it herself.
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When escorted to cells, Sleydo’ also had a cedar bracelet removed from her wrist, an item she previously testified was damaged during the removal.
Flewelling also said he saw the bracelet Sleydo’ was wearing as a possible safety risk.
When Sampson was being processed into the cells, she was wearing a collar with white buttons and black fringe that went over her chest and shoulders, and a cedar headband.
Sampson previously testified she refused to remove them because they were for protection and to remind her about her connection to community and the land, and that her cedar headband was passed around and dropped on the ground.
Flewelling testified he felt these items also needed to be removed because they posed a safety risk.
Inspector said to return items
Flewelling agreed with defence lawyer Frances Mahon that the whole situation could have been avoided if he was given direction sooner to let Sleydo’ and Sampson keep some of the items.
Shortly after Sleydo’ and Sampson were placed in their cells, Flewelling said an inspector called to advise the medicine pouch and the headband could be returned to them as long as they were placed in cells alone.
Flewelling described the situation as “frustrating” and unusual. He said in his 15 years of experience lodging prisoners he never had an inspector give instructions to return items, nor has he been given an instruction like that since.
In her cross-examination, Mahon read him the RCMP policy around handling religious or cultural items, which Flewelling said he follows. He said it was his discretion that the cultural items could be used to injure themselves or others and that was why he asked Sleydo’ and Sampson to remove the items.
Flewelling said he was aware the accused were allowed to keep the same items while being housed at the Houston and Smithers detachments. In the audio recording, Flewelling can be heard saying “My house, my rules.”
Mahon also suggested Flewelling did not treat the cultural items with respect, after hearing him refer to Sampson’s collar as a “f–king clipped-on thing around her neck” when debating with another officer if it was safe for Sampson to keep it in cells, in the audio played in court.
Flewelling testified it was important to him to treat the items with respect.
About the Author:
Jackie McKay Reporter
Jackie McKay is a Métis journalist working for CBC Indigenous covering B.C. She was a reporter for CBC North for more than five years spending the majority of her time in Nunavut. McKay has also worked in Whitehorse, Thunder Bay, and Yellowknife.