Indigenous leader convicted; restrictions on Pro-Palestine protest continue

Introduction

UN Special Rapporteur reviews Canada’s anti-slavery policies

On 22nd July 2024, the UN Special Rapporteur on contemporary forms of slavery published a report on Canada following an official visit from August to September 2023 (A/HRC/57/46/Add.1). The report assessed Canada’s approach to modern slavery, including human trafficking, forced labour and exploitation within supply chains. While acknowledging Canada’s commitment to human rights through initiatives like the National Strategy to Combat Human Trafficking and the Supply Chains Act, it noted areas for improvement. These include strengthening oversight mechanisms for corporate supply chains and expanding the authority of the Canadian Ombudsperson for Responsible Enterprise to enhance accountability.

A significant portion of the report focused on migrant worker protections under the Temporary Foreign Worker Program (TFWP). The TFWP links workers’ immigration status to employer-specific permits, creating a dependency that often limits workers’ ability to report abuse or seek alternative employment. Additionally, the report noted that Indigenous peoples face heightened vulnerability to contemporary forms of slavery due to systemic inequalities stemming from colonial history. Resource extraction projects on Indigenous lands, frequently conducted without free, prior and informed consent, further expose Indigenous communities, particularly women and children, to risks of trafficking and exploitation.

The report recommended revising the TFWP to allow greater mobility for migrant workers, expanding the powers of the Ombudsperson and enforcing external monitoring under the Supply Chains Act. Further recommendations included establishing federal standards to ensure Indigenous communities have adequate access to housing, healthcare and education.

IACHR hearing highlights concerns on mercury contamination in Grassy Narrows

On 9th July 2024, the Grassy Narrows First Nation and Amnesty Canada addressed the Inter-American Commission on Human Rights (IACHR) to highlight the long-term health impacts of mercury contamination in Grassy Narrows. Civil society has raised concerns for over fifty years, citing the contamination’s impact on mental health and reports of discriminatory treatment in healthcare facilities.

In response, the Canadian government reaffirmed its commitment to improving community well-being, citing monitoring programmes, policies, and remediation efforts aimed at enhancing Grassy Narrows’ quality of life. Government representatives emphasised ongoing work to support the affected population, with a focus on addressing health and environmental impacts.

The IACHR encouraged Canadian authorities to implement sustainable, long-term measures that align with international standards on health and environmental protection. The Commission also advised the government to actively involve the Grassy Narrows First Nation in all decision-making processes to ensure measures are responsive to the community’s specific needs and perspectives.

Association

Wet’suwet’en hereditary chief Dtsa’hyl sentenced

On 3rd July 2024, the British Columbia Supreme Court sentenced Wet’suwet’en hereditary Chief Dtsa’hyl, also known as Adam Gagnon, to 60 days of house arrest. The sentence followed a conviction for criminal contempt after he publicly defied a 2019 court injunction prohibiting interference with Coastal GasLink’s pipeline construction on Wet’suwet’en territory. He is a 68-year-old man recently diagnosed with Stage 4 lymphoma cancer and has been granted permission to leave his home for swimming sessions, which eases his cancer symptoms.

The court found that Chief Dtsa’hyl disrupted pipeline work by seizing heavy equipment, cutting wires and blocking a road used by pipeline workers to access necessary supplies in 2021. Justice Michael Tammen stated that the sentence aimed to address the significant disruption caused to construction activities and to uphold respect for the court’s authority.

The defence contextualised Chief Dtsa’hyl’s actions within historical and ongoing impacts of colonialism on Wet'suwet'en lands, noting that the criminal contempt conviction effectively penalised him for adhering to Indigenous law. Dsta’hyl said he was enforcing Wet’suwet’en laws as the company did not have the free, prior and informed consent of hereditary chiefs to build the pipeline. Chief Dtsa’hyl argued that his actions were in line with Wet’suwet’en law, asserting that his role as a leader obliged him to protect the land, water, burial sites and historic trails from environmental degradation. He further argued that his response upheld the Wet’suwet’en traditional law of trespass, countering what he and his supporters viewed as a “bogus” court injunction.

In the rugged wilderness of British Columbia, a battle over a massive natural gas pipeline project has turned into a flashpoint between corporate interests and Indigenous rights. The US$6 billion Coastal GasLink (CGL) pipeline—one of Canada’s largest private sector investments—has provincial backing, but Wet’suwet’en hereditary chiefs asserted that no pipelines can be built through their traditional territory without their consent.

The pushback sparked a series of legal clashes for several years. Coastal GasLink secured a court injunction to keep the pipeline’s route clear, leading to criminal contempt charges for several Indigenous land defenders who resisted. As previously reported, three of those defenders, convicted of defying the injunction, are now challenging the legal process itself, claiming abuse of process.

On 31st July 2024, Amnesty International made Dtsa’hyl Canada’s first-ever designated prisoner of conscience, demanding his immediate and unconditional release. “The Canadian state has unjustly criminalised and confined Chief Dtsa’hyl for defending the land and rights of the Wet’suwet’en people. As a result, Canada joins the shameful list of countries where prisoners of conscience remain under house arrest or behind bars. With the utmost respect for Chief Dtsa’hyl’s critical work to protect Wet’suwet’en land, rights and the environment we all depend on, Amnesty International demands his immediate and unconditional release and urges Canada to stop the criminalisation of Wet’suwet’en and other Indigenous defenders during a global climate emergency,” said Ana Piquer, Americas Director at Amnesty International.

By the end of August, Dtsa’hl had already served his time; he is currently appealing the conviction.

Federal Court backs CSIS secret evidence against environmental groups

On 5th June 2024, the Federal Court ruled that the Canadian Security Intelligence Service (CSIS) could use secret evidence in court in an ongoing judicial review. This decision is part of the British Columbia Civil Liberties Association’s (BCCLA) decade-long campaign for government transparency and accountability following allegations that CSIS illegally monitored Indigenous land defenders and environmental organisations. If upheld, the ruling allows CSIS to submit unredacted records to the presiding judge in a judicial review while withholding these records from BCCLA. The court further ruled to redact the names of petroleum companies that engaged in hospitality events with CSIS.

The appeal arises from a 2014 complaint by BCCLA, which alleged that CSIS had unlawfully surveilled several groups opposing the Northern Gateway Pipeline. The monitored groups included Dogwood Initiative, ForestEthics (now Stand.earth), Sierra Club BC, Leadnow.ca and the Indigenous #Idlenomore movement. BCCLA argues that CSIS’s surveillance, reportedly shared with the National Energy Board (NEB) and petroleum companies, has a chilling effect on people’s rights to freedom of expression and association under the Charter.

UN Special Rapporteur calls for stronger Canadian corporate accountability abroad

On 24th June 2024, Mary Lawlor, the UN Special Rapporteur on human rights defenders, highlighted significant gaps in Canada’s protection of human rights advocates who voice concerns regarding the activities of Canadian extractive companies operating abroad. Lawlor urged Canada to strengthen its legislation and oversight mechanisms for corporations, particularly in the extractive sector, where allegations of environmental and human rights harms are widespread.

According to her office, 15 cases of retaliation against advocates have emerged between June 2019 and March 2022, allegedly linked to Canadian mining operations abroad. Lawlor raised concerns over the limitations of Canada’s Ombudsperson for Responsible Enterprise (CORE), who lacks powers to compel testimony or investigate companies thoroughly, a gap she argued weakens Canada’s commitment to protecting human rights.

The rapporteur’s recent engagements included meetings with Canadian government officials, industry representatives, civil society groups and financial institutions in Toronto. During these discussions, she noted that the lack of comprehensive measures to prevent and address corporate-related human rights abuses tarnishes Canada’s international reputation as a leader in human rights.

Canadian embassies, she observed, often fail to respond adequately to local communities and human rights defenders who report abuses related to Canadian corporate projects, particularly in the mining sector. Although Canada introduced the “Voices at Risk” guidelines in 2019 to support these defenders, she reported limited implementation, resulting in insufficient support for those facing risks abroad.

Lawlor further recommended that Canada adopt legislation mandating human rights due diligence for Canadian companies, following models established in several European countries. She underscored the need for CORE to operate independently from the government and to have the authority to compel evidence, aligning with Canada’s obligations under the UN Guiding Principles on Business and Human Rights. Citing the high concentration of Canadian mining firms globally, including in the Amazon’s sensitive ecosystems, she highlighted specific cases, such as Belo Sun Mining Corp.’s Volta Grande project in Brazil, where local defenders allege threats and inadequate consultations. Canadian corporations, she argued, must ensure that affected communities are consulted, informed and given a role in decision-making processes affecting their livelihoods and environments.

Peaceful Assembly

Canadian cities continue to witness series of Pro-Palestinian protests

Between June and August 2024, Canadian cities continued to witness a series of pro-Palestinian peaceful demonstrations. On 24th July, protesters held a sit-in outside the U.S. Consulate in Toronto, where participants expressed their opposition to Israeli Prime Minister Benjamin Netanyahu’s address to the U.S. Congress and voiced concerns over policies impacting Palestinian civilians.

In June and July, most Palestinian encampments were dismantled. On 3rd July 2024, protesters left the encampment at the University of Toronto’s King's College Circle after the Ontario Supreme Court granted the University of Toronto (U of T) an injunction. Judge Koehnen issued an order prohibiting overnight demonstrations and blocking access to campus, though allowing daytime protest activities elsewhere. In response, the encampment occupants voluntarily vacated the site without police enforcement.

This decision upheld the University of Toronto’s right to dismantle the encampment, ruling that protesters had no legal right to occupy university grounds, as it obstructed public access and was inconsistent with property rights. Although Judge Koehnen confirmed the encampment was peaceful, with no evidence of violence, hate speech, or antisemitism, the decision bypassed the Charter of Rights and Freedoms protections for peaceful assembly. Instead, the court found the university’s policies “directionally consistent” with Charter values, supporting property rights over expressive freedoms.

According to legal experts, freedom of assembly inherently requires physical space, as assemblies are collective, spatial gatherings. Denying this spatial aspect undermines the Charter’s fundamental protections for peaceful assembly, and the “University of Toronto v. Doe allowed U of T to bypass rights protections, invoke unchallenged rights as property owners, and displace protest activities that are “inconvenient” to others. It demonstrates that university free speech policies are inadequate to protect the rights of student protestors and explains why the Charter must apply in this setting to address this deficit in freedom of individual and collective expression”.

Civil society organisations have condemned the decision, including Amnesty International Canada and the Canadian Lawyers for International Human Rights (CLAIHR). “The ruling is a setback on the right of peaceful assembly, fails to protect at-risk encampment members and will have a chilling effect on future peaceful demonstrations. The organisations call on the University’s administration to uphold the rights of the encampment members and continue dialoguing with them, despite the ruling.”

On 10th July, McGill University closed its downtown campus in Montreal to dismantle a pro-Palestinian encampment located on its lower field. The university cited severe health and safety concerns as reasons for dismantling the site. Private security guards and heavy machinery were used to remove the encampment. The Divest for Palestine Collective, a student group involved in the encampment, criticised the university’s actions, describing the situation as “absurd” and asserting their right to protest the university’s alleged financial ties to companies operating in Israel. Encampment representative Zeyad Abisaab described the removal as coerced, claiming that intimidation and threats were used to disband protestors. According to media reports, at least one person was detained following an alleged assault of a security guard.

Federal workers rally in Ottawa against discrimination in public service

On 1st August 2024, federal public service workers in Ottawa marched from the Human Rights Monument to the Privy Council Office (PCO), demanding an end to anti-Black racism within federal departments. Led by the Black Class Action Secretariat and public sector unions, the rally spotlighted findings from a report by Dr Rachel Zellars, accessed through an information request, which uncovered systemic discrimination at the PCO. The report revealed that Black, Indigenous and racialised employees experience marginalisation, are often placed in lower-level roles and are exposed to microaggressions, stereotyping, and verbal harassment. Reporting mechanisms for these incidents remain inadequate, leaving workers without proper recourse.

Protesters face charges following Pro-Palestinian demonstration in Vancouver

On 26th August 2024, the British Columbia Prosecution Service confirmed mischief charges against 13 protesters from the pro-Palestinian demonstration held in East Vancouver on 31st May 2024. They are scheduled to appear in court on 9th September 2024. Police have not disclosed the identities of those charged but confirmed they are all adults.

The British Columbia Civil Liberties Association (BCCLA) has announced plans to submit a formal complaint to the Vancouver Police Department (VPD) civilian oversight board, citing concerns over the use of excessive force and heightened police surveillance of protesters. BCCLA Policy Director Meghan McDermott expressed that police actions on 31st May allegedly included pepper spray, headlocks, and restraints. The association also noted the extensive surveillance of attendees, suggesting these practices may infringe upon privacy rights under international human rights standards.

LCBO workers strike

On 5th July 2024, around 10,000 unionised workers from the Liquor Control Board of Ontario (LCBO) initiated a historic strike, closing hundreds of stores across Ontario in response to Premier Doug Ford’s push to accelerate alcohol privatisation across the province. After a two-week work stoppage, LCBO workers, represented by the Ontario Public Service Employees Union (OPSEU), ratified a new contract. OPSEU Bargaining Team Chair Colleen Macleod noted the strike was aimed at preserving secure jobs, public revenue and expanding access to permanent roles with benefits.

Labour expert Steven Tufts, from York University, considered the strike a “starting point” in what may become an extended negotiation on Ontario’s alcohol retailing landscape.

Toronto Pride Parade interrupted as Pro-Palestinian protesters block route

On 30th June 2024, thousands gathered in downtown Toronto for the annual Pride Parade, concluding a month of celebrations for the LGBTQI+ community. Starting at Bloor and Church Streets and ending at Nathan Phillips Square, the parade featured over 250 groups, including organisations such as the African Centre for Refugees and Toronto Pflag, marching under Pride flags to the cheers of attendees. Balloons, confetti and colourful attire filled the streets, capturing this year’s theme, “Be,” which symbolised visibility, resilience, and solidarity for LGBTQI+ rights. Toronto Mayor Olivia Chow joined the festivities from a float, wearing a rainbow feather boa and engaging warmly with the crowd.

The protest was later interrupted when around 30 pro-Palestinian demonstrators blocked the parade’s route along Yonge Street, displaying signs with messages such as “Pride partners with genocide” and “Stop pinkwashing.” Pride Toronto cancelled the remainder of the parade, citing a commitment to public safety, while Toronto Police confirmed no detentions occurred and respected Pride Toronto’s request not to intervene.

Expression

Police threaten to detain journalist covering environmental protest

On 24th July 2024, Oona Barrett, a video journalist with Pivot, faced a threat of detention from a Montreal police officer while documenting an environmental protest near the Montreal airport. Barrett, who displayed a press card issued by the Fédération Professionnelle des Journalistes du Québec (FPJQ), filmed as police managed the demonstration where three protestors were seated on the road, their hands glued to the pavement.

The situation escalated when a police officer directed Barrett to move away from the area, touching her back and, later, grabbing her arm as she identified herself as a journalist. Another officer questioned her credentials and threatened detention for obstruction despite Barrett remaining behind the designated police perimeter.

The Canadian Association of Journalists condemned the situation as an arbitrary exertion of power, highlighting concerns about press freedom and police conduct in public spaces, especially during the coverage of protests.