Abuse of process hearing for Wet'suwet'en leader, blockade members to resume in June

An abuse of process hearingfor three people found guilty of criminal contempt of courtforblocking work on the Coastal GasLink pipeline in November 2021 isbeing adjourned until June.

Two weeks were scheduled this month inB.C. Supreme Court in Smithers for a trial and abuse of process applicationfor Sleydo', also known as Molly Wickham, a Wing Chief of Cas Yikh, a house group of the Gidimt'en Clan of the Wet'suwet'en Nation; Shaylynn Sampson, a Gitxsan woman with Wet'suwet'en family ties and Corey Jocko, who is Kanien'keh:ka (Mohawk) from Akwesasne, which straddles the Quebec, Ontario and New York state borders.

The accused were found guilty last Friday by Justice Michael Tammen of criminal contempt of court for breaking a 2019 injunction that impedes anyone from blocking work on the Coastal GasLink pipeline.

Tammenthen began hearing the abuse of process application that alleges RCMP used excessive force when they were arrested and that they were treated unfairly while in custody.

The filing asksif the judge doesn't stay their charges, then it would be appropriate to reduce their sentences based on their treatment by police.

Several RCMP witnesses have testified so faraboutthetwo-dayraid in November 2021 enforcing the injunction.

Const. Mark Freeman and Cpl. Colin Warwick, whowere in charge of police dogs on scene,testified on Friday.

They told the courtthat the dogs were there to look for people who may be hiding in the area or detect possible booby traps, but they found no people or booby traps.

During two days of testimony earlier this week, Supt. James Elliottspoke about factors that played a role in deciding theresources used to enforce the injunction.

Elliott said he was considering information about half-cut trees along the side of the forest service road that had potential to fall, a social media post that indicated weapons were hidden under the snow in the area, the possibility of booby traps along the road and use of the Kanien'keh:ka (Mohawk) warrior flag, that police thought indicatedheightened activism.

Several other police witnesses also mentioned the potential for booby traps but no one saidany were found.

During cross-examination of the RCMP witnesses,defence lawyer Frances Mahontold the courtthe social media post was referring to the Haudenosaunee great law of peace, in which five warring nations bury their weapons under a pine tree to unite.

Mahon also playedaudio recordings in which officerscan be heard referring to people being arrested as "orcs" and "ogre." In another recording,RCMP officers can beheard laughing about an officer beating a person being arrested andgrabbingand twistingtheir testicles.

When the hearing resumes, the defence is expected to call several witnesses, including the three accused.

The hearing is expected to resumein Smithers June17-21.