Closing arguments in abuse of process application to be made in December

CBC Indigenous: B.C. Supreme Court has finished hearing evidence in Smithers, B.C., in an abuse of process application for three people arrested for blocking work on the Coastal GasLink pipeline.

Justice Michael Tammen is hearing the abuse of process application brought by Sleydo’ (Molly Wickham), a wing chief of Cas Yikh, a house group of the Gidimt’en Clan of the Wet’suwet’en Nation, Shaylynn Sampson, a Gitxsan woman with Wet’suwet’en family ties and Corey Jocko, who is Kanien’kehá:ka (Mohawk) from Akwesasne, which straddles the Quebec, Ontario and New York state borders. 

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.

On Wednesday, Const. Kyle Pressenger testified he was instructed in a briefing before the injunction enforcement action on Nov. 19, 2021, not to take notes. Taking notes is a practice that is common for police officers when making arrests.

Pressenger’s role in the enforcement action was to read the arrest script to the people he was transporting into custody. He said he made notes on the arrest script only about the identification of the people under arrest, what they were wearing and if they said anything when read the script.

Pressenger agreed when questioned by defence lawyer Quinn Candler that in a high profile situation such as this it was particularly important for officers to be taking “detailed, complete and accurate notes.”

RCMP testify about prisoner transport 

Crown lawyer Kathryn Costain called two RCMP officers to testify about the transport of the accused from the Smithers RCMP detachment to Prince George on Nov. 20, 2021. 

The accused have described the drive as being like a “high-speed chase” and said a van hit a person in a group of supporters who came to cheer for the prisoners in the police vans as it travelled through Burns Lake, a community on Highway 16 between Smithers and Prince George. 

• Crown suggests RCMP acted fairly in Wet’suwet’en leader’s arrest
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Sgt. Casey Toreohm was the driver and Cpl. Scott Johnston was a passenger in the first police van transporting male prisoners, including Jocko, to Prince George.

Both officers described a group of people approaching the van in Burns Lake and banging on the sides of it. One man hit the passenger side mirror of the van. 

Toreohm said as he drove away he could see the man lying down on the crosswalk, and informed the van behind him of the incident. The second van carried Sleydo’ and Sampson. 

WATCH | RCMP footage of arrests:

CBC News obtains never-before-seen RCMP footage of Wet’suwet’en arrests. 9 months ago – Duration1:37 CBC Indigenous has obtained new RCMP footage of 2021 arrests at Coyote Camp on Wet’suwet’en territory, a key location for the Coastal GasLink pipeline.

Toreohm said he informed their superiors of the incident, and other police vehicles escorted the van to the detachment once it arrived in Prince George. 

Both officers said nothing of note happened between Burns Lake and Prince George. 

The driver of the second van, Const. Mark Bezzina, said there was “no rush” when transporting the passengers to Prince George, and said he didn’t have any complaints from the passengers in the back while driving. 

Closing arguments for the abuse of process application will be made in December.

Corrections

• A previous version of this story said a man hit the RCMP van’s mirror, causing damage. In fact, it is unclear if the mirror was damaged. Nov 06, 2024 5:29 PM ET

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.