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'Prisoners of conscience'? Amnesty considers status for B.C. pipeline opponents

Judge opts to preserve conviction but reduce sentence for three defendants convicted of criminal contempt; Amnesty awaits sentencing
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A crowd gathers infront of the Smithers courthouse on Feb. 18 before a judge release a decision regarding an Abuse of Process application.

Amnesty International will consider prisoner-of-conscience designations in the cases of three pipeline protesters whose convictions were upheld by a British Columbia court on Feb. 18.

In January 2024, Supreme Court Justice Michael Tammen found Sleydo', Shaylynn Sampson and Corey Jocko guilty for their roles in blocking access to a Coastal GasLink work camp near Houston.

Mostly recently, during an abuse of process application in the B.C. Supreme Court, brought by the three defendants, Tammen said their convictions stand but sentences will be reduced after police made racist remarks while arresting them.

Amnesty International is reviewing the implications of Tuesday鈥檚 decision and in a press release said if they receive a sentence that "arbitrarily deprives them of their liberty," Amnesty will designate the affected "land defenders" as prisoners of conscience.

The maximum sentence for criminal contempt is no more than five years imprisonment.

A date to fix sentencing is now scheduled for April 3.

 鈥淲e are heartened by Justice Tammen鈥檚 stern condemnation of the racist and violent treatment Sleydo鈥, Shaylynn Sampson and Corey 鈥楯ayohcee鈥 Jocko endured during their arrests,鈥 said Ketty Nivyabandi, Secretary General of Amnesty International Canada鈥檚 English-speaking section.

鈥淯nfortunately, 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.鈥

Amnesty International considers a prisoner of conscience to be any person imprisoned or otherwise physically restricted (for example, through house arrest), solely because of their political, religious or other conscientiously held beliefs, their ethnic origin, sex, colour, language, national or social origin, socio-economic status, birth, sexual orientation, gender identity or expressionor other status, and who has not used violence or advocated violence or hatred in the circumstances leading to their detention. When declaring a person a prisoner of conscience, Amnesty International demands the person鈥檚 immediate and unconditional release.

Amnesty has only once before made this designation for a person in Canada. 

Last year, the non-profit, non-governmental organization that promotes human rights called for the release of a First Nations chief convicted of criminal mischief, and named him Canada鈥檚 first prisoner of conscience.

Chief Dsta鈥檋yl, who represents one of the clans within the Witsuwit'en Nation, also goes by the name Adam Gagnon.

He was arrested in 2021 for breaching a court order not to impede construction of the Coastal GasLink liquefied natural gas pipeline. He was sentenced to and served 60 days of house arrest.



Marisca Bakker

About the Author: Marisca Bakker

Marisca loves the outdoor lifestyle Smithers has to offer
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