Canada: Land Defenders’ Sentences & Indigenous Rights

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Canada’s Criminalization of Indigenous Land Defenders: A Chilling Effect on Rights and Climate Action

A British Columbia court’s sentencing of three Indigenous land defenders – Sleydo’ (Molly Wickham), Shaylynn Sampson, and Corey “Jayohcee” Jocko – has sparked outrage and renewed concerns about the criminalization of dissent and the protection of Indigenous rights in Canada. The case underscores a growing tension between resource development and the assertion of Indigenous sovereignty over ancestral lands.


The Wet’suwet’en Struggle and the Coastal GasLink Pipeline

The legal battles stem from resistance to the Coastal GasLink (CGL) pipeline, a 670-kilometer natural gas pipeline project slated to cross the traditional territory of the Wet’suwet’en Nation in British Columbia. The Wet’suwet’en hereditary chiefs have never consented to the pipeline’s construction, asserting their inherent right to self-determination and control over their unceded lands. This lack of free, prior, and informed consent is a central point of contention.

In November 2021, the Royal Canadian Mounted Police (RCMP) launched a heavily militarized raid on Wet’suwet’en territory, resulting in the arrest of numerous land defenders, including Sleydo’, Sampson, and Jocko. The arrests were predicated on a British Columbia court injunction prohibiting protests and blockades along the pipeline route. Amnesty International has extensively documented the events, detailing alleged human rights violations during the raid, including the use of excessive force and anti-Indigenous racism. Amnesty International’s 2023 report provides a comprehensive account of these concerns.

Sentencing and Suspended Jail Time

On Friday, a B.C. judge handed down sentences to the three land defenders: 17 days in jail for Sleydo’, 12 days for Jocko, and nine days for Sampson. However, in a surprising turn, the judge suspended the implementation of these sentences, instead ordering each defender to complete 150 hours of community service. The judge’s decision acknowledged the Province of British Columbia’s and the Government of Canada’s historical disregard for the rights and interests of the Wet’suwet’en Nation, a factor considered in the suspended sentences.

Amnesty International’s Response and Concerns

While relieved that the land defenders avoided immediate incarceration, Amnesty International condemned the application of any jail time, even suspended, as a chilling message to those protecting Indigenous rights and the environment. “These courageous defenders should never have been arrested in the first place for exercising their rights and defending the natural environment we all depend on,” stated Ana Piquer, Americas Director at Amnesty International. “Canada must stop criminalizing Wet’suwet’en and other Indigenous defenders amid a global climate emergency.”

“These courageous defenders should never have been arrested in the first place for exercising their rights and defending the natural environment we all depend on. Canada must stop criminalizing Wet’suwet’en and other Indigenous defenders amid a global climate emergency.”

Ana Piquer, Americas Director at Amnesty International

The case highlights a broader pattern of criminalization faced by Indigenous land defenders across Canada. In July 2024, Likhts’amisyu Clan Wing Chief Dsta’hyl was declared a prisoner of conscience by Amnesty International after receiving a 60-day house arrest sentence for similar protests against the CGL pipeline. Details of Chief Dsta’hyl’s case underscore the systemic challenges faced by Indigenous communities asserting their rights.

In February 2025, the B.C. Supreme Court acknowledged that the rights of Sleydo’, Sampson, and Jocko were infringed upon during their arrests, citing anti-Indigenous racist statements made by some RCMP members during the 2021 raid. Despite this finding, the judge declined to stay the charges, a decision that continues to fuel criticism of the legal process.

Wet’suwet’en Hereditary Chief Na’Moks articulated the fundamental conflict, stating, “In our law, the land defenders who were on trial would have been rewarded for their actions, but under Canadian law, they face punishment.” He emphasized that the land defenders were upholding Wet’suwet’en law – a system centered on the protection of land, air, and water – while facing repercussions under a colonial legal framework.

Ketty Nivyabandi, Secretary General of Amnesty International Canada’s English-speaking section, echoed this sentiment, stating, “Unfortunately, the systemic racism that led to their arrests remains unaddressed.” She further highlighted the denial of the Wet’suwet’en’s right to free, prior, and informed consent, and the ongoing threats to their traditional way of life.

The Wet’suwet’en Nation’s resistance continues as Canada, British Columbia, and CGL advance Phase II of the pipeline project, which aims to double the output of the LNG export facility in Kitimat, B.C. This expansion will involve the construction of additional compressor stations on Wet’suwet’en territory, again without the required consent of the Hereditary Chiefs.

Pro Tip: Understanding the concept of “free, prior, and informed consent” (FPIC) is crucial to grasping the core of this conflict. FPIC, as defined by the United Nations, is a fundamental principle of Indigenous rights, requiring states and companies to obtain the genuine consent of Indigenous peoples before undertaking projects that affect their lands or resources.

The broader implications of this case extend beyond the Wet’suwet’en Nation. As Indigenous Peoples are increasingly on the front lines of climate change, their role in protecting the environment is becoming ever more critical. France-Isabelle Langlois, Executive Director of Amnistie internationale Canada francophone, emphasized this point, stating, “Indigenous Peoples are on the front lines of climate change and will face disproportionate harms if humanity fails to move on from burning fossil fuels.”

What responsibility do governments have to protect both economic interests and Indigenous rights? And how can a balance be struck between resource development and environmental sustainability?

Frequently Asked Questions About the Wet’suwet’en Pipeline Protests

What is the primary issue driving the Wet’suwet’en protests against the Coastal GasLink pipeline?

The core issue is the lack of free, prior, and informed consent from the Wet’suwet’en Hereditary Chiefs for the pipeline’s construction on their unceded ancestral territory. The Wet’suwet’en assert their inherent right to self-determination and control over their lands.

What role did the RCMP play in the arrests of the land defenders?

The RCMP conducted a heavily militarized raid on Wet’suwet’en territory in November 2021, leading to the arrests of numerous land defenders. Amnesty International has documented alleged human rights violations during the raid, including excessive force and racist statements.

Why were the jail sentences for Sleydo’, Sampson, and Jocko suspended?

The judge suspended the jail sentences, citing the Province of British Columbia’s and the Government of Canada’s historical disrespect for the rights and interests of the Wet’suwet’en Nation as a mitigating factor.

What is Amnesty International’s stance on the criminalization of Indigenous land defenders?

Amnesty International condemns the criminalization of Indigenous land defenders, arguing that they should not be punished for peacefully protecting their rights and the environment. They advocate for the recognition of Indigenous rights and the cessation of projects that lack free, prior, and informed consent.

What is the significance of Likhts’amisyu Clan Wing Chief Dsta’hyl being declared a prisoner of conscience?

The designation of Chief Dsta’hyl as a prisoner of conscience by Amnesty International highlights the systemic issues surrounding the criminalization of Indigenous land defenders in Canada and draws international attention to the case.

What is the current status of the Coastal GasLink pipeline project?

The CGL pipeline project is ongoing, with Phase II currently under development. This phase aims to double the output of the LNG export facility and involves the construction of new compressor stations on Wet’suwet’en territory, again without the consent of the Hereditary Chiefs.

This case serves as a stark reminder of the ongoing struggle for Indigenous rights and environmental justice in Canada. The criminalization of land defenders not only undermines their efforts to protect their territories but also sends a chilling message to communities across the country.

Share this article to raise awareness about the Wet’suwet’en struggle and the broader issues at stake. Join the conversation in the comments below – what steps can be taken to ensure that Indigenous rights are respected and that environmental protection is prioritized?

Disclaimer: This article provides information for educational purposes only and should not be considered legal advice.


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