Criminalisation of three Indigenous land defenders; detention of protesters and journalists

Introduction

Universal Periodic Review

In November 2023, the UN Human Rights Council reviewed Canada during the fourth Universal Periodic Review (UPR) cycle. The UPR is a UN process that reviews the human rights records of all member states. Notably, the country received some recommendations on civic space freedoms, such as:

• End the ongoing militarisation of Indigenous lands and the criminalisation of Indigenous defenders acting to protect their original settlement.
• Adopt adequate measures to guarantee Indigenous People’s right to consultation and free, prior and informed consent and their rights to lands, territories and resources.
• Guarantee the right to peaceful expression and demonstration in the country, especially those related to rejection of occupation and the right of colonised peoples to self-determination.
• Further strengthen the domestic framework to prevent misuse of freedom of expression for inciting violence and disallow activities of groups that are promoting extremism.

Association

Court finds Indigenous land defenders guilty of contempt in pipeline protest case

On 12th January 2024, the British Columbia Supreme Court convicted three Indigenous land defenders—Sleydo’ (Molly Wickham) of the Gidimt’en Clan, Shaylynn Sampson of the Gitxsan Nation and Corey Jocko of the Haudenosaunee—for criminal contempt of court. The conviction arises from their participation in a protest camp opposing the Coastal GasLink pipeline project in November 2021, wherein they were found guilty of breaching an injunction order. An abuse of process application is pending before the British Columbia Supreme Court, alleging misconduct by Royal Canadian Mounted Police officers during the arrests.

Civil society organisations, including Amnesty International, have condemned the British Columbia Supreme Court’s decision to prosecute Wet’suwet’en land defenders for peacefully opposing the Coastal GasLink pipeline. Amnesty International highlighted that the arrests and charges reflect serious human rights concerns, asserting that peaceful defence of unceded ancestral land should not be criminalised:

“Recent research by Amnesty International found that land defenders Sleydo’ (Molly Wickham), Shaylynn Sampson and Corey (Jayochee) Jocko have been prosecuted for peacefully protecting Wet’suwet’en territory against the construction of the Coastal GasLink (CGL) pipeline. Amnesty International is dismayed by the British Columbia Supreme Court’s decision. The organization has documented problems with these cases from the day of their arbitrary arrests to present. These are prosecutions that should never have been brought in the first place as peacefully defending unceded ancestral land should not be treated as a crime. The Crown should not oppose the abuse of process applications being made by the land defenders.”

Peaceful Assembly

Israel-Palestine conflict protests continue across Canada

Since the outbreak of the Israel-Palestine conflict, hundreds of peaceful protests have occurred across the Canadian provinces. As in previous editions of the CIVICUS Monitor, below are some higher-profile events:

• On 14th December, roughly 1,000 protesters rallied outside a Vancouver hotel where Prime Minister Justin Trudeau was attending an event. The protest, organised by Independent Jewish Voices (IJV), a group advocating for “justice across all Israel-Palestine,” resonated with the ongoing tensions in the region. “Canada needs to stop funding the Israeli war machine,” declared an IJV spokesperson, highlighting their core demand. Chants of “Free Palestine!” and “End Israeli apartheid!” echoed through the streets. Some participants staged a symbolic die-in, their bodies sprawled on the pavement, representing the Palestinian lives lost in the conflict. Trudeau refused to engage with the protestors. According to an official itinerary, Trudeau met with Jewish and Muslim leaders in Vancouver earlier that day.
• Over 1,000 people participated in an anti-war rally on 18th December. The protesters marched through Toronto’s financial district, calling for a permanent ceasefire in the Israel-Palestine conflict, an end to Canadian arms sales to Israel and the restoration of humanitarian aid to Gaza. This protest follows the Canadian government’s vote in favour of a United Nations General Assembly resolution urging an “immediate humanitarian ceasefire.” One protest organiser highlighted Canadian bank Scotiabank’s investments in Elbit Systems Ltd, an Israeli arms manufacturer. The organiser urged people to divest from banks that are complicit in Israel’s occupation. A professor participating in the rally noted the growing protests and the need for a national movement to coordinate demonstrations and other actions.
• On 23rd December 2023, hundreds of protesters marched peacefully in Ottawa, marking the 11th consecutive week of demonstrations organised by the Palestinian Youth Movement under the theme “No Christmas as Usual,” which calls for a ceasefire in Gaza and an end to Canadian arms sales to Israel. Ottawa City Bylaw Officers and police issued three fines totalling CAD1,500 to the organisers for noise violations under Bylaw No. 2017-255, which prohibits sound devices in public spaces. Organisers, who had used similar sound systems in previous protests without issue, viewed the fines as selective enforcement aimed at discouraging the demonstration, raising concerns over potential suppression of public assembly rights.

• On 7th January, protesters interrupted a free skating event hosted by Mayor Olivia Chow at Nathan Phillips Square. As Chow began her speech, protesters loudly called for an end to the violence, prompting her to pause and attempt a dialogue. Chow informed several protesters about a statement she had released two months earlier, where she expressed support for a ceasefire, though the protesters continued to voice their demands.
• On 13th January, Toronto Police detained three people protesting on the Avenue Road bridge over Highway 401, enforcing a recently imposed ban to address safety concerns. Authorities implemented the ban following reported complaints from Jewish community members, who expressed fears about the demonstrations’ impact on public safety and community security. Toronto Police, citing escalated risks to residents and drivers, indicated that further arrests would follow if protests continued on the bridge. The Canadian Civil Liberties Association (CCLA) questioned the ban’s justification, warning against granting police unilateral powers that could infringe on civil liberties. The CCLA emphasised that public safety concerns must be balanced with protecting freedom of speech, particularly for minority communities.
• On 14th January in Montreal, protesters assembled with banners and Palestinian flags, while similar protests occurred in Toronto on 26th January, with participants rallying outside the Israeli Consulate demanding a ceasefire in Gaza.
• On 14th February, a small group of protesters interrupted the question period on Parliament Hill, briefly halting proceedings as they chanted slogans from the public gallery. Organised by the Palestinian Youth Movement, the demonstration involved banners calling for an arms embargo on Israel and slogans such as “Free Palestine” and “Stop Arming Israel.” The interruption occurred shortly after Prime Minister Justin Trudeau responded to a question from Conservative Leader Pierre Poilievre. Protesters were forcibly removed from the building.
• On 28th February, protesters blocked access to a firearms manufacturer, Colt Canada Corporation, in Kitchener. They called on the Canadian government to implement an arms embargo on Israel. In February, a coalition of civil society organisations called on the Canadian government to halt its arms exports to Israel. In a separate letter, 75 CSOs issued an open letter to Ministers Joly, Hussen and Miller to “Stop Genocide or Resign” in relation to the claims that “policy failures will continue to cost Palestinian lives on the ground while contravening Canada’s responsibilities as a third-party state to the Genocide Convention and vis-a-vis the International Court of Justice’s provisional measures”.

Thousands gather for Women’s Memorial March

On 14th February 2024, over a thousand people gathered in Vancouver’s Downtown Eastside for the 33rd annual Women’s Memorial March to honour missing and murdered Indigenous women, girls and gender-diverse people (MMIWG2S+). Established in 1992 following the murder of a shíshálh Nation woman, the march has become a nationwide movement, organised every February around Valentine’s Day by First Nations, Inuit and Métis communities to bring attention to the crisis of violence impacting Indigenous women and girls across Canada. Protesters sang the Women’s Warrior song and paused at locations where Indigenous women were last seen or found, providing a space for remembrance and solidarity.

The Assembly of First Nations reports that Indigenous women represent 16 per cent of women homicide victims and 11 per cent of missing women in Canada, despite Indigenous people making up only five per cent of the population. The march highlighted the ongoing need to address this violence and advocate for systemic change.

Iranian and Ukrainian diasporas in Edmonton rally

On 27th January 2024, members of the Iranian diaspora and local activists gathered in Edmonton, Alberta, to protest the rising use of capital punishment in Iran. The “United Against Executions in Iran” protest condemned the increasing death sentences issued by the Islamic Republic of Iran. According to civil society, at least 746 people faced execution in Iran in 2023.

On 24th February 2024, another gathering took place in Edmonton, where members of the Ukrainian diaspora and their supporters assembled at Violet King Henry Plaza to mark two years since the Russian invasion of Ukraine. Protesters expressed solidarity with Ukraine and commemorated the impact of the ongoing conflict.

LGBTQ2S+ community mobilises against proposed policies on trans youth

Throughout February 2024, protesters in Alberta gathered widespread support for transgender youth, sparked by recent government policies to change gender-affirming care, education and sports in the province under Premier Danielle Smith’s administration. Civil society organistions have condemned the government’s changes, as it will disproportionately impact trans, non-binary and gender-diverse youth.

On 3rd February, hundreds of activists assembled at Dr Wilbert McIntyre Park in Old Strathcona to oppose proposed LGBTQ2S+ legislation that would restrict critical healthcare procedures for trans youth. Protesters expressed concerns over new mandates requiring parental notification and consent.

Demonstrations continued on 7th February, when hundreds of Calgary students walked out of classrooms, “Transgender children aren’t being given the chance to speak for themselves,” said Sam Ines, a 28-year-old transgender woman. On 11th February, supporters attended the “Sing With Love” concert at McDougall United Church, marching afterwards to Churchill Square to show solidarity with the trans community and voice opposition to recent policy changes.

Canadian union protests and strikes spotlight wage and working condition disputes

Recent union-led protests and strikes across Canada underscore mounting labour concerns around wage fairness, working conditions and the ethical implications of arms production. On 12th December 2023, over 200 anti-war union members and civil society allies protested at Pratt & Whitney’s Mississauga factory, opposing the production of drone engines for Israel amid the Palestine conflict.

The demonstration included groups such as World Beyond War and Labour for Palestine, which called for an end to Canadian arms sales to Israel, condemning these exports as support for alleged war crimes. “If the Canadian government won’t stop the flow of weapons to Israel and stop companies like Pratt & Whitney Canada from exporting weapons used in Israeli war crimes, then those of us with a moral conscience are forced to take whatever actions we can to stop a genocide,” said one of the protest organisers in a press release.

On 6th January, over 180 transit supervisors in Metro Vancouver launched a job action, refusing to work overtime. The group is represented by the Canadian Union of Public Employees (CUPE) Local 4500 and launched their action following failed negotiations with the employer, Coast Mountain Bus Company (CMBC). This action, spurred by failed negotiations with Coast Mountain Bus Company, disrupted public transit. The union demanded wage increases to align with other TransLink workers, and staffing improvements to address workload and safety as the region’s transit services expand. Despite the protest, the employer continues to advocate for negotiations.

In Quebec, the Common Front, representing 420,000 public sector workers in healthcare and education, staged one of the largest strikes in North American history. From 8th to 14th December, workers on strike, following smaller protests in November, as reported previously by the CIVICUS Monitor, continued the call for fair wages that kept pace with inflation, improved staffing levels to reduce overwork and ensure quality care, and better working conditions overall. These unions emphasised the disproportionate impact on women, who constitute 78 per cent of the workforce. Although tentative agreements have been reached with some unions, others, such as the nurses’ union (FIQ), continue negotiations, leaving open the possibility of further action, including an indefinite strike.

Court deems Trudeau’s use of the Emergencies Act to disperse “Freedom Convoy” as “Not Justified”

On 23rd January, a landmark Canadian court decision rejected Justin Trudeau’s use of the Emergencies Act to quell the February 2022 trucker protests against COVID-19 restrictions, a protest known as the “Freedom Convoy”. Sparked by vaccine mandates for cross-border truckers, the “Freedom Convoy” occupied Ottawa for weeks, blocking key borders and causing significant disruption. In response to mounting disruptions, Prime Minister Justin Trudeau invoked the Emergencies Act for the first time in Canadian history, which granted the government sweeping power to ban the gathering and disperse the Freedom Convoy.

While Trudeau justified the decision as a last resort to address public safety and economic concerns stemming from the protests, the court review deemed the invocation of the law “unreasonable” and an infringement on fundamental rights. The Trudeau administration plans to appeal, highlighting the ongoing debate about balancing public safety with upholding freedoms during protests.

Expression

Ontario Police detained GuelphToday Journalist

On 20th December 2023, Ontario Provincial Police detained Richard Vivian, a senior reporter and assistant editor with GuelphToday, while he reported on a vehicle collision in Guelph, Ontario. Upon arriving at the scene and standing on the sidewalk, Vivian began photographing the incident when a police officer directed him to stop and forcibly seized his camera. Vivian reported that the officer restrained him by grabbing his jacket and wrist, asserting that the camera was being seized under the authority of the coroner’s office, allegedly for investigative purposes. The officer further stated that, had Vivian refused, he would have faced detention.

Vivian complied, relinquishing his camera, and after a period of approximately 15 minutes, was informed he was free to leave. During this time, other bystanders were permitted to remain on the sidewalk and photograph the scene without similar intervention. Following the arrival of a coroner’s official, the police officer returned Vivian’s camera, but retained his memory card, which they classified as evidence. Vivian did not receive clarity on the procedures for returning his memory card, which was ultimately returned intact the following day.

Journalist detained for alleged assault on police officer

On 8th January 2024, Rebel News reporter and personality David Menzies was detained for allegedly assaulting a police officer when attempting to ask Finance Minister Chrystia Freeland questions in a parking lot at a strip mall. Video of the encounter shows Menzies stepping into Freeland’s path and bumping into a police officer. The police officer then grabs Menzies and pushes him against a wall saying “Police - you’re under arrest for assault. You pushed into me, sir.”

Menzies was released shortly after the detention when the York Regional Police determined there was no credible security threat. Police officials said, “protective policing resources were involved in an incident while deployed on a protective operation.” Following the incident, Rebel News founder and owner, Ezra Levant, said he and Menzies are considering legal action. “We have not yet finalised our legal strategy, but at this point I would expect that we will sue both the RCMP and the York Regional Police, as well as Chrystia Freeland, for false arrest, false imprisonment, malicious prosecution and assault,” Levant told CBC News.

Journalist and three people detained during the dismantling of an unhoused resident encampment

On 10th January 2024, Brandi Morin, an Indigenous reporter for Ricochet Media, was interviewing one of the leaders of an unhoused encampment in Edmonton when police arrived and told her she needed to leave as they were dismantling the camp. She identified herself as a journalist and refused to leave, saying she wished to see what was happening. Police then arrested and handcuffed her.

“When police arrived I was already inside their hastily erected exclusion zone, conducting interviews for an article about this Indigenous-led encampment — one of at least eight camps targeted for demolition by the city of Edmonton and its police force,” said Morin.

“We’re very concerned that the Edmonton police would arrest somebody who identified themselves as a journalist,” said Ricochet Media following the event. “One male and two female demonstrators were arrested for obstructing police during cleanup of the encampment,” police said in a statement.

According to people living at the encampment, residents and supporters had been dragged away by police while peacefully protesting. After more than five hours, Morin was released and instructed to appear in court on 1st February 2024 to face a criminal charge of obstructing a peace officer. Additionally, she was required to report to the Edmonton police for fingerprinting prior to her initial court appearance.

On 22nd February, the Writers’ Union of Canada awarded Morin its 2024 Freedom to Read Award. The Coalition for Justice and Human Rights has since filed a lawsuit, saying that the eviction breaches legal rights when there is no adequate shelter space during extreme temperatures and when no written notice of eviction is given to occupants. If convicted, Morin could face two years behind bars.

The Coalition for Women in Journalism and Women Press Freedom, among other press freedom organisations, demanded the police immediately drop the bogus charges against Brandi Morin:

“Brandi’s arrest makes an absolute mockery of the right to freedom of the press and the ability to report on the activities of taxpayer-funded law enforcement agencies. This entire situation is an abomination, particularly as it relates to the important pursuits of reconciliation and justice. It must be corrected now,” said Canadian Association of Journalists president Brent Jolly.

Following a review, on 1st March 2024, the Alberta Crown Prosecution Service withdrew the criminal charge of obstructing a peace officer, citing public interest concerns. Edmonton police spokesperson Cheryl Voordenhout stated that Morin’s proximity to an active police area posed safety risks, leading to the obstruction charge. Ricochet’s managing editor Andrea Houston described the detention and subsequent charge as an attempt to intimidate media covering sensitive issues, emphasising the significant emotional and financial strain imposed on Morin during the legal proceedings.

Quebec village threatens legal action against newspaper

On 8th January 2024, the municipality of Sainte-Pétronille, Quebec, threatened legal action against local newspaper Autour de l’île to prevent coverage of citizen concerns over the hiring of a new general manager. Following comments made by citizens at a December 2023 council meeting regarding past investigations of “serious misconduct” involving the new hire, the municipality issued a letter warning the newspaper not to publish related articles. The letter further indicated that if the article was published, the municipality would report the matter to regional authorities, potentially endangering the newspaper’s government funding.

The letter also contained warnings to nearly 100 residents who signed a petition seeking transparency on the general manager’s hiring. Autour de l’île ultimately withheld the article, citing financial concerns, while Editor-in-Chief Marc Cochrane noted the chilling effect on future reporting.

The Fédération Professionnelle des Journalistes du Québec labelled this approach as a Strategic Lawsuit Against Public Participation (SLAPP). In response, the Quebec Municipal Commission assessed the incident, warning that the funding threat posed a risk to press freedom, particularly given the financial constraints facing regional media. The Commission emphasised the importance of journalistic independence in matters of public interest, clarifying that public funding should not limit critical coverage.

Supreme Court upholds confidentiality of Ontario Premier’s mandate letters

On 2nd February 2024, the Supreme Court of Canada ruled that Ontario Premier Doug Ford’s 2018 mandate letters remain exempt from public disclosure, citing the cabinet record exemption within Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA). The ruling, delivered in a unanimous decision led by Justice Andromache Karakatsanis, found that the letters met the criteria for “substance of Cabinet deliberations” as they outline priorities and topics for consideration by ministers and reflect the strategic direction of cabinet, even without direct discussion within cabinet meetings.

The Ontario government argued that the mandate letters contained sensitive information that, if disclosed, would reveal internal deliberative processes, a stance upheld by the Supreme Court. Justice Karakatsanis noted that the letters reflect a “constitutional convention” of cabinet confidentiality, which serves to protect the integrity of executive discussions on public policy. This interpretation expands the scope of FIPPA’s cabinet record exemption, providing Ontario’s government with broad discretion to keep certain records confidential if they relate to cabinet’s decision-making priorities.

The ruling concluded a legal battle initiated by CBC Toronto’s freedom of information request in July 2018, which sought access to the mandate letters. Lower courts had supported a narrower interpretation of the exemption, differentiating between cabinet deliberations and the actions arising from them, but the Supreme Court’s ruling quashed those decisions. Freedom of expression organisations, including the Centre for Free Expression and the Canadian Civil Liberties Association, intervened in the case, cautioning that the Supreme Court’s interpretation could limit public oversight by restricting access to a wide range of records related to government priorities.

In response to the ruling, advocates for transparency and opposition leaders expressed concerns over the decision’s implications for accountability, warning that expanded secrecy undermines public trust in government.

Police charge protester with hate crime for wielding "terrorist" organisation flag

On 9th February 2024, Toronto police charged a protester with a hate crime, public incitement of hatred, for waving a flag associated with a terrorist group. Police followed up the charge by saying it will treat some demonstrations as crimes and will be monitoring protests associated with the Israel-Palestine conflict more closely. Police Chief Demkiw said the force had taken “great steps” to facilitate lawful and peaceful protests, but there are limits to freedom of speech “when things move to a criminal consideration.” He also called the charge unprecedented, noting the very high threshold to charge anyone with a hate propaganda offence. The police refrained from disclosing which of the officially designated terrorist organisations the man brandished the flag of, out of fears it would amplify their message.

The Canadian Civil Liberties Association stated that, although police have a responsibility to safeguard community safety and respond to criminal activities, the present circumstances do not warrant granting authorities unchecked power to prohibit lawful gatherings.

Canadian Journalists Association calls out Winnipeg Police for camera seizure incident

On 26th February 2024, the Canadian Association of Journalists (CAJ) criticised a Manitoba court ruling regarding a 2017 incident in which Winnipeg Police seized photojournalist Chris Procaylo’s camera without a warrant. While documenting a crime scene from a legal distance, Procaylo complied fully with police directives when asked to move. Despite this, a police officer later seized his camera, claiming it was necessary for their investigation.

CAJ President Brent Jolly stated that the seizure lacked legal basis and compromised press freedom, emphasising that no Canadian statute or common law permits law enforcement to seize journalists’ equipment without judicial authorisation. The CAJ urged police across Canada to respect journalists’ rights to cover public events without interference, highlighting the need for enforceable policies that inform officers of journalists’ critical role in ensuring transparent reporting on public issues.

2023 report outlines press freedom risks in Canada

The Canada Press Freedom Project’s 2023 report documented increased threats and obstacles impacting journalistic freedom across Canada, focusing on online harassment, police-imposed access restrictions and government controls. The report identifies 65 cases of online harassment directed primarily at women and Indigenous journalists, marking a rising trend that poses severe concerns for safety and free expression.

Additionally, “media exclusion zones” enacted by police restrict journalistic coverage of significant events, including Indigenous protests, where journalists face physical exclusion from the scene.