Wet’suwet’en Leader’s Sentencing Highlights Unresolved Land Rights Dispute
A Wet’suwet’en hereditary chief addressed a British Columbia Supreme Court on Thursday, asserting that her nation’s land “has never been ceded or surrendered” as she awaited sentencing following a conviction for protesting the coastal GasLink (CGL) pipeline. The case underscores the ongoing conflict between Indigenous land claims and resource development in Canada.
land and Legacy
Sleydo’, also known as Molly Wickham, a wing chief of the Gidimt’en Clan of the Wet’suwet’en Nation, powerfully stated, “We are more than just our songs and dances. Our ancestors said, we are the land, and the land is us. Our laws flow from the land, we are nothing without it.” Her words, delivered at the conclusion of sentencing arguments, encapsulate the deep spiritual and legal connection the Wet’suwet’en peopel have to their traditional territory.
sleydo’, along with Shaylynn Samp
son and Denzel Jocko, were convicted of obstruction for their roles in blockading the CGL pipeline project in 2020. The sentencing hearing highlighted the complex interplay of legal arguments, historical context, and allegations of misconduct by the Royal Canadian Mounted Police (RCMP).
“The court’s reputation and the rule of law,” explained Crown lawyer Paul Battin.
However, defense lawyer Frances Mahon countered that further imprisonment would damage the court’s integrity, notably considering a prior ruling regarding abuse of process. She argued that time already served would be a more fitting sentence.
Allegations of RCMP Misconduct and Rights Violations
In February, Sleydo’, Jocko, and sampson brought forward an application alleging abuse of process, claiming the RCMP used excessive force during their arrests. Justice Tammen afterward found that the Section 7 rights-life, liberty, and security of person-of some of the accused were violated during the arrest process.
The court reviewed recordings revealing that several RCMP officers, on two separate occasions, compared Sleydo’ and Sampson, who had painted red handprints on their faces, to orcs from The Lord of the Rings. Mahon emphasized the severity of these comments, stating, “The court found that these comments were racist, grossly offensive, dehumanizing… They mocked a well-known symbol of the missing and murdered Indigenous women, girls and two-spirit.”
while the Crown acknowledged the comments were disrespectful, they proposed a sentence reduction of only two to five days as a remedy. Battin also cited social media posts encouraging further blockades and the temporary disruption to CGL workers and RCMP officers as justification for custodial sentences.
Historical Context and Unfulfilled Agreements
The defence argued that the sentencing must consider the historical context of the Wet’suwet’en’s struggle for land rights. Mahon referenced the landmark 1997 Delgamuukw decision,which affirmed Indigenous title,and a 2020 memorandum of understanding (MOU) between Wet’suwet’en hereditary chiefs and the federal and provincial governments. She asserted that neither the Delgamuukw ruling nor the MOU have been meaningfully implemented.
“We’re not talking about beliefs here,” Mahon stated. “We’re talking about this specific history, which has, in essence, constrained the circumstances of the Wet’suwet’en to prove its title beyond the recognition that the provincial and federal governments have not extinguished it.”
The Crown is seeking sentences of 30 days for Sleydo’, 25 days for Jocko, and 20 days for Sampson, with credit for time served and the proposed two- to five-day reduction. The defence is requesting time served or a conditional sentence order, coupled with 100 to 150 hours of community service. Mahon suggested that any additional jail time could be served in the community to address the overincarceration of Indigenous people.
The CGL pipeline, a 670-kilometre project transporting natural gas across northern British Columbia to a terminal in Kitimat for export to Asia, experienced delays due to the blockade but was ultimately completed. LNG Canada exported its first shipment in June. The sentencing decision will likely have significant implications for future conflicts over Indigenous land rights and resource development in canada.
