Decision for abuse of process application

On February 18th, 2025 Justice Michael Tammen read his decision on the application brought by Sleydo’, Shaylynn Sampson and Corey Jocko against the RCMP/CIRG after over a year in the colonial courts.

Tammen ruled that the RCMP/CIRG did breach our Charter Rights and abused the process of the courts. We had filed eight counts and while Tammen only legally confirmed two of the Charter Rights in his decision, one of them being he found that the racist comments about the handprints were "grossly offensive, racist, and dehumanizing" and undermine the integrity of the judicial process. This is a win. Although Tammen found that the warrantless entry into the tiny house and cabin breached the defendants' section 8 and section 9 rights, he found that the breach was minor because the arrests were "authorized and inevitable". He found that the removal and destruction of Sleydo's and Shay's cultural items caused great emotional distress but did not breach their section 15 rights but he would take the trauma they endured as result of this into account when he considers sentencing. We have asked for an alternate remedy of time served.

So while there are clear Charter violations we will still be proceeding to sentencing. We are disappointed that we are still being criminalized for upholding ‘anuk niwh’iten. However, as Sleydo’ states:

“The colonial courts are not where our ability to live out our laws and ways of life should be determined. And yet here we are, over 3 years later, in a show down between Wet’suwet’en law and colonial law after years of police violence and repression by the RCMP/CIRG with no accountability… We will never see justice from the courts for the amount of violence we have experienced over the last six years of repression by the state. This is just the tip of the iceberg of what Indigenous people have been experiencing and what we have experienced at the hands of the RCMP… My hope is that this decision will signal to the RCMP that they can no longer violate their own laws and act with impunity. Today I chose to celebrate the Yintah, for her resiliency throughout all the destruction and for continuing to provide for us and keeping us safe.”

We know that the RCMP have always been mandated to oppress and criminalize us. The state has always wanted secure access to our yintah since the Supreme Court of Canada decision in Delgamuukw-Gisdayway in 1997. Then they created the Community Industry Response Group (CIRG) in 2017 specifically to repress any land defence from extraction projects. They attempted to rebrand this as the Community Response Unit (CRU) after heavy criticism and a federal investigation in 2024. The corporate project of canada continues. We continue to uphold our responsibilities. As Corey states:

“We have seen this process in courts, out of courts, on the land, off reserve, we’ve seen in it books, documentaries, movies, every piece of knowledge that’s been carried and passed down through all these thousands of years these stories have been repeated. We’re in the position right now where we understood that, we know that and we did it for the right reasons so there is no reason to not feel proud of what we did. To stand here proud right now and to be relatives with the Wet’suwet’en, and to be Haudenosaunee out here it’s just an honour regardless of what they throw against us because we know we are doing it for the right reasons.”

We know we couldn’t have done this without all our allies and accomplices. There are so many beautiful relationships built in the last decade of protecting Wedzin Kwa and there is nothing that can be taken away from that. We know we are all stronger together. Our young Gitxsan relative has upheld an ancient alliance standing and fighting beside us, as well as many others. She reflects on the past fives years on the yintah:

“I believe in the fight for our territory and our land, in the celebration of the yintah and the lax’yip, and the unique relationship that our nations have […] We breathe life into our governance every day we are allowed to stand on our territory, and we bring our families there, that we can drink the water from Wedzin Kwa. I feel a lot of honour and am thankful for Sleydo’ and her family, for all of the hereditary chiefs of the Wet’suwet’en for all of their support and for my family that I have built here, that I was born with and that continues to support the work that we do […] We will see our land free and nourished again.”

We thank everyone for their support and statements of solidarity as we continue to fight for our sovereignty. S’necalyegh to everyone that has fought beside us with boots on the ground and feet in the street. We will always stand strong. We expect that it will be months before we see Judge Tammen again for sentencing. We will continue to walk in our ancestors footsteps. Awitza, misiyh.

The Wet’suwet’en Hereditary Chiefs have repeatedly affirmed in our balhats (feast hall) that there are to be no pipelines cross our yintah (land). In 2018 Justice Church granted Coastal GasLink, a fracked gas pipeline company, an injunction to trespass and complete their work without resistance. The Wet’suwet’en fought back. After a series of militarized raids and catch and release, charges were laid in 2021 that saw several Wet’suwet’en and indigenous allies face off with the colonial court system.

Last year Sleydo’ Molly Wickham (Gidimt’en), Shaylynn Sampson (Gitxsan) and Corey Jocko (Haudenosaunee) filed an Abuse of Process Application against the RCMP (Canadian police) for the violence they experienced during the enforcement of the injunction obtained by Coastal GasLink. In the last year we have heard testimony of their Charter Rights being breached and the atrocious experiences of their arrests and violations of their human rights while in custody. We presented evidence on the flawed enforcement plan and lack of planning to protect our rights by leadership within CIRG and the RCMP. One officer testified that he was instructed to not take any notes during enforcement, a directive given by his commander during a briefing the night before.

The time for Justice Tammen’s decision is coming on February 18th, 2025 at 10am PST in Cas Yikh yintah (Smithers, BC).

If Justice Tammen rules in favour of our application we are asking him to stay the charges. In January 2024 he found all three guilty of criminal contempt for violating the injunction on Wet’suwet’en yintah obtained by Coastal GasLink. Alternatively, if he decides against our application and proceeds to sentencing we are asking that he determine all three have served their time while in custody in November of 2021.

His decision in this case will be precedent setting.

Justice Tammen also saw the cases of Sabina Dennis and Diní 'ze’ Dtsa’hyl in 2024 who were also charged with criminal contempt of the injunction. At the end of those proceedings he found Sabina not guilty and found Diní ze’ Dtsa’hyl guilty and sentenced him to 60 days of house arrest. Each of the cases had very different circumstances and outcomes. There is not a case yet that follows the facts of the case before him now.

These proceedings have taken over a year to date. This has meant time away from family, undue stress and hardships and the criminalization of indigenous people upholding Wet’suwet’en law. Through ‘anuk niwh’iten all five clans of the Wet’suwet’en nation have passed laws within our balhats to ban all pipelines from our yintah. We have very strong trespass laws as well that have been violated by industry and the state. We continue to stand firm in our knowing and ways of our ancestors who have protected these lands since time immemorial. We have done this work with our ancestors, Diní ze’ and Tsakë ze’, allies, comrades and supporters.

We are asking everyone to pay attention to this. If you can come support in person please do so. Watch our social media pages for updates. Check our website for ways to support. Light your sacred fires and send prayers for everyone involved in upholding our sacred responsibilities.

“In the very violent and unjustifiable manner in which they conducted themselves, against our Charter Rights and against UNDRIP, the RCMP and the courts have proven that we are living under a Police State guided by a Petroleum State.” - Diní ze’ Na’Moks

📢 Community Call-Out from the Wet’suwet’en Divestment Team: Host a Screening of the documentary Yintah!

We’re excited to invite YOU to bring this powerful and inspirational documentary to your community however big or small! This film dives deep into over a decade long Wet’suwet’en resistance against the Coastal GasLink pipeline(CGL). Yintah is a must-see that sparks vital conversations and action!

On February 18th 2025, Sleydo’, Molly Wickham (Gidimt’en), Shaylynn Sampson (Gitxsan), Corey Jocko (Haudenosaunee) will hear colonial judge Tammen’s final decision in their Abuse of Process application against the RCMP/CIRG.

At the same time, Wet’suwet’en members and Hereditary Chiefs oppose and reject CGL's proposed phase 2, including the construction of massive compressor stations on the Yintah to double the pipeline’s capacity. Wet’suwet’en Land Defenders also stand in Solidarity with our neighbors from the Gitxsan nation, including the Gitanyow as they stand against Prince Rupert Gas Transmission project🔥To learn more from Land Defenders on the ground, join an upcoming webinar hosted by Change Course and Decolonial Solidarity February 24th 2025 7pm est/4pm pst. Link to register in the bio.

🎬 How to Get Involved:

Sign up to host a screening. We’ll help you with resources, including event materials and support.

Host a Screening: Gather your community, friends/family, or colleagues to watch and discuss the film together.

Raise Awareness: Share the message of the documentary and help amplify the voices of Indigenous communities.

Engage in Dialogue: After the screening, have an open conversation about the film's themes, lessons, and ways you can support Indigenous Land Defenders and their sovereignty.

Unite and stand in Solidarity with Indigenous Land Defenders and allies as they continue their fight.🌱 Yintah is more than just a film – it's an invitation to stand together and kick some colonial ass for Mother Earth and future generations.

🔗 find everything in our Toolkit!!

As we come up to what we hope is the final court date we are asking for your support for our allied land defenders. 

Our relatives/allies Shaylynn (Gitxsan) and Corey (Haudenosaunee) are gearing up to travel to the yintah for the DECISION for the Abuse of Process Application, that we have been in trial for over the last year, happening on February 18th, 2025

If Judge Tammen decides in favour of our application he could also decide to STAY ALL CHARGES! If we are not successful in our application for a full stay of proceedings, we are asking for a *reduction in sentence* due to RCMP abuses of process resulting in systemic breaches of our Charter rights. That reduction could include a sentence of time-served for time in custody in November 2021.

This is a big date. Of course Tammen could disagree with the application altogether in which case we would go into sentencing dates which would include another lengthy process in the courts with everyone facing possible jail time.

While we are so very grateful for all the support towards legal fees we recognize that Shaylynn and Corey have to take time away from work, family, home and responsibilities to attend trial for supporting us in asserting our 'anuk niwh it'en. We are asking all our supporters to help them make this process a bit more bearable so they don't have to worry about things at home like rent and bills. They are dealing with so much fighting for their lives for doing the right thing. 

This colonial system takes so much from us already! It's not reasonable to also have to worry about their housing security and capitalism while they are facing a system designed against us. 

Please give generously and share with your networks. Stay tuned for updates on all our socials and keep us all in your prayers. Many people have come together to support us all year and we appreciate all the efforts! 

Tabï misiyh. 

Wetʼsuwetʼen land defenders are being criminally prosecuted just for defending their lands. Now they are fighting for its very survival, and the survival of our planet during a global climate crisis. Sign the petition and help them protect their land.

The Indigenous  Wet’suwet’en Nation have lived on and cared for their ancestral lands for generations, sustaining their culture and raising their children. As Sleydo ’ Molly Wickham, a Wet’suwet’en land defender says: “Our medicines, our berries, our food, the animals, our water, our culture, are all here since time immemorial”. 

This long-standing way of life is under threat. Despite the Nation having the right to decide what development happens on their lands, a company called Coastal GasLink Pipeline Ltd (CGL) began constructing a fossil fuel pipeline through their territory, without the consent of the Hereditary Chiefs  and their clans. 

Wet’suwet’en land defenders and their allies knew they had to fight back. They began taking actions to protect Wet’suwet’en territory; however, CGL obtained an injunction to prevent interference with pipeline construction. The land defenders’ peaceful actions have been met with appalling violence and criminalization. The police have conducted raids on Wet’suwet’en territory with semi-automatic weapons. Over 75 land defenders have been arrested.

In 2022, criminal charges were pressed against Sleydo’ and 19 other land defenders . In 2024, Sleydo’, Shaylynn Sampson and Corey Jayochee Jocko were found guilty of “criminal contempt” for disobeying the injunction order, despite the fact that they were peacefully defending Wet’suwet’en territory. The three land defenders have made an application to the court stating that their human rights were violated by police during the raids. Their futures depend on the outcome of this application. If unsuccessful, they face time in prison. 

Sleydo’ and others are not just defending Wet’suwet’en land, they’re protecting everyone’s right to a healthy environment by opposing another harmful fossil fuel project, and they need our support.

Sign the petition and demand that the Canadian authorities stop criminalizing Wet’suwet’en land defenders and their allies now.

After nearly two years, two of our supporters had trumped up charges of dangerous driving, failure to stop and obstruction dropped yesterday. This comes after having shown up for trial twice and having the judge be overbooked. Both supporters and lawyers travelled, booked time for trial and prepared themselves for court.

The trauma and violence they and others experienced for a “traffic stop” escalation, through no fault of their own, is a case in point for the harassment and intimidation that has been ongoing. While we are relieved that they are no longer facing charges for being pepper sprayed, one while handcuffed, we are continuously frustrated with the colonial systems that aim to oppress our people.

We encourage everyone to continue living as your ancestors did. Continue speaking the truth. Stand strong and be loud. While we continue to care for ourselves, support each other and and those that are facing state violence, we continue to love and protect the yintah.

Stay safe out there.

#WetsuwetenLandWetsuwetenLaw #DefendLandDefenders #ChargesDropped #RCMPOfftheYintah