Canadian independent news outlet The Narwhal and journalist Amber Bracken Monday announced a lawsuit against the Royal Canadian Mounted Police (RCMP) concerning the RCMP’s arrest of Bracken, another journalist and multiple indigenous persons at an indigenous environmental rights protest.
Bracken was reporting the protest for The Narwhal at the time of her arrest, which the publication informed the RCMP of in advance. Prior to Bracken’s arrest, Staff Sergeant Janelle Shoihet assured the publication that “there shouldn’t be any issues” and that the officers would be informed of Bracken’s presence. Despite this, Bracken was arrested and detained for three days without explanation. She now seeks civil damages.
The lawsuit alleges the arrest was unlawful and violated rights protected by Sections 2(b), 7 and 9 of the Canadian Charter of Rights and Freedoms, which concern rights to liberty, freedom of the press and the right to be free from arbitrary detention.
The Narwhal explained:
To not move forward with this case would be to turn our backs on what’s right — and to turn our backs on all the stories that happen in remote places without the watchful eyes of journalists, due to the chilling effect of arrests like these.
The RCMP’s actions caused widespread criticism at the time, with journalists and activists fighting for Bracken’s release. The Canadian Association of Journalists (CAJ), who previously honoured Bracken with the Charles Bury Award for her “moral courage” in reporting on indigenous rights, also condemned the arrest. In an organised effort along with more than 40 news outlets and press freedom organisations, the CAJ penned a letter calling for Canada’s Public Safety Minister Marco Mendicino to investigate the manner. Mendicino dubbed the arrests as “wrong.”
In a Tuesday statement, CAJ President Brent Jolly expressed his support for the lawsuit, saying:
The CAJ supports the legal actions taken because they mark yet another wake-up call to law enforcement bodies that must acknowledge that journalists are not inconvenient accomplices but public watchdogs upholding the public’s right to know.
After three days of detention, the journalists were released under an agreement which forced them to appear in court and obey an injunction from the drilling company. One month later, these conditions were dropped along with all charges. Bracken remained critical of the RCMP, stating she “should never have been arrested or charged, let alone detained, in the first place.”
