The Court’s decision to uphold the convictions of the three land defenders is part of a broader context of shrinking civic space in Canada, where Indigenous land defenders, environmentalists, and human right defenders are frequently the victims of political or police repression

Amnesty International will consider prisoner-of-conscience designations in the cases of three Indigenous land defenders in Canada whose convictions were upheld by a British Columbia court.

Sleydo’ (Molly Wickham), a Wing Chief (Cas Yikh house) of the Gidimt’en Clan of the Wet’suwet’en Nation, Shaylynn Sampson, a Gitxsan woman with Wet’suwet’en family connections, and Corey “Jayohcee” Jocko, a Kanien’kehá:ka (Mohawk), had asked the court to void their convictions on constitutional grounds. They argued that their arrests during – and detention after – a highly militarized November 2021 police raid on unceded Wet’suwet’en territory violated their rights under the Canadian Charter of Rights and Freedoms.

On Tuesday, a British Columbia judge ruled that the conduct, including anti-Indigenous racist statements, of some Royal Canadian Mounted Police (RCMP)/Community Industry Response Group (C-IRG) members during the raid did indeed violate the defenders’ Charter rights. The ruling validates both the experiences of these land defenders and the broader experience of colonial violence that Indigenous Peoples have faced for more than 100 years from the RCMP. However, the judge refused to stay all charges against the defenders and said he would instead consider reduced sentences.

Amnesty International is reviewing the implications of Tuesday’s decision. Should they receive a sentence that arbitrarily deprives them of their liberty, Amnesty will designate the affected land defenders as prisoners of conscience.

“We are heartened by Justice Tammen’s stern condemnation of the racist and violent treatment Sleydo’, Shaylynn Sampson and Corey ‘Jayohcee’ Jocko endured during their arrests. Unfortunately, the systematic racism that led to their arrests remains unaddressed”

-Ketty Nivyabandi, Secretary General of Amnesty International Canada’s English-speaking section

“We are heartened by Justice Tammen’s stern condemnation of the racist and violent treatment Sleydo’, Shaylynn Sampson and Corey ‘Jayohcee’ Jocko endured during their arrests,” said Ketty Nivyabandi, Secretary General of Amnesty International Canada’s English-speaking section. “Unfortunately, the systematic racism that led to their arrests remains unaddressed. B.C. and Canada must take immediate steps to stop the criminalization of Indigenous land defenders in the first place. No one should be intimidated, harassed, or arrested, let alone convicted in a criminal court case, for exercising their constitutionally protected rights and protecting the natural environment we all share.

France-Isabelle Langlois, general director of Amnistie internationale Canada francophone, declared: “Peaceful actions were taken by the Indigenous land defenders with the aim of protecting natural ecosystems that lessen the impacts of climate change. In this global context of the climate crisis, to punish them is preposterous, to say the least, no matter how small the sentence. These actions need to be widely applauded rather than scrutinized by the Court.

“The Court’s decision to uphold the convictions of the three land defenders is part of a broader context of shrinking civic space in Canada, where Indigenous land defenders, environmentalists, and human right defenders are frequently the victims of political or police repression,” she added. “It is disappointing that we must remind the country and its institutions of their obligations under international law since Canada prides itself on being a leader in human rights.”

“Peaceful actions were taken by the Indigenous land defenders with the aim of protecting natural ecosystems that lessen the impacts of climate change. In this global context of the climate crisis, to punish them is preposterous, to say the least, no matter how small the sentence. These actions need to be widely applauded rather than scrutinized by the Court”

-France-Isabelle Langlois, general director of Amnistie internationale Canada francophone

Amnesty International has vehemently condemned the criminalization of Wet’suwet’en and other land defenders opposed to the construction of Coastal GasLink (CGL) liquefied natural gas pipeline through the Nation’s unceded, ancestral territory. Construction on the 670-kilometre pipeline began without the free, prior and informed consent of the Wet’suwet’en Hereditary Chiefs, on behalf of their clans. This violates Canadian and international human rights law and standards, including the UN Declaration on the Rights of Indigenous Peoples, which was legislated into Canadian law on June 21, 2021.

Based in part on witness testimony of four large-scale RCMP raids on Wet’suwet’en territory, Amnesty’s 2023 report ‘Removed from our land for defending it’: Criminalization, Intimidation and Harassment of Wet’suwet’en Land Defenders found that Wet’suwet’en land defenders and their supporters were arbitrarily detained for peacefully defending their land against the construction of the CGL pipeline and exercising their Indigenous rights and their right to peaceful assembly.

In June and July 2022, the B.C. Prosecution Service (BCPS) charged 20 land defenders, including Sleydo’, Sampson and Jocko, with criminal contempt for disobeying an injunction order to stay away from pipeline construction sites, an order that unduly restricted the human rights of the land defenders and the Indigenous rights of the Wet’suwet’en Nation. Seven of the 20 land defenders pleaded guilty because of restrictive bail conditions, as well as the familial, psychological and financial impacts that the criminal proceedings imposed on them. Five other defenders had their charges dropped, and five more are awaiting trial.

“This whole process has been a violation of my rights and responsibilities as an Indigenous person and my responsibility to the health and wellness of future generations and the Yintah,” Sleydo’ said during a news conference after the decision was handed down on Tuesday afternoon. “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 three years later, in a showdown between Wet’suwet’en law and colonial law after years of police violence and repression by the C-IRG, with no accountability. I refuse to allow the colonial courts to dehumanize and criminalize me. I belong to my land, my ancestors, and my people.

“I am a mother, a daughter, a sister, an auntie, a good friend, and a leader. I am a singer, a hunter, a teacher, and a revolutionary. I am following the footsteps of my ancestors, and I carry their teachings with me in everything that I do.”

“This whole process has been a violation of my rights and responsibilities as an Indigenous person and my responsibility to the health and wellness of future generations and the Yintah. (…) I refuse to allow the colonial courts to dehumanize and criminalize me. I belong to my land, my ancestors, and my people”

-Sleydo’

If Amnesty International names Sleydo’, Sampson and Jocko prisoners of conscience, it will be the second time the organization has applied that designation to a person held by Canada. In July 2024, Amnesty declared another Wet’suwet’en land defender – Likhts’amisyu Clan Wing Chief Dsta’hyl – a prisoner of conscience after the British Columbia court sentenced him to 60 days of house arrest. Like Sleydo’, Sampson and Jocko, Chief Dsta’hyl was charged and later convicted for allegedly violating the terms of the B.C. court injunction banning land-defence actions near the CGL pipeline, including in areas of the Wet’suwet’en Nation’s territory.

“If the Canadian state decides to unjustly criminalize and confine Sleydo’, Shaylynn, and Corey, Amnesty International will not hesitate to designate them as prisoners of conscience,” said Ana Piquer, Americas director at Amnesty International. “Canada is on the sadly long list of countries in the Americas where land defenders remain at risk for their essential work.”

“If the Canadian state decides to unjustly criminalize and confine Sleydo’, Shaylynn, and Corey, Amnesty International will not hesitate to designate them as prisoners of conscience. Canada is on the sadly long list of countries in the Americas where land defenders remain at risk for their essential work”

-Ana Piquer, Americas director at Amnesty International

The criminalization of Wet’suwet’en land defenders has sparked an international outcry and calls for Canada to respect Indigenous rights. Last year, Sleydo’, Sampson and Jocko were a featured case in Write for Rights, Amnesty International’s annual global letter-writing campaign. Since the fall, thousands of people around the world have sent letters and signed petitions calling on Canada to drop the charges against the three defenders.