Civil trial over RCMP and press freedoms begins

A B.C. civil court is hearing a lawsuit by photojournalist Amber Bracken and The Narwhal that argues her detention during a 2021 Coastal GasLink protest violated freedom of the press; opening arguments took place this week.

Amber Bracken and the B.C. outlet The Narwhal are in civil court this week, seeking a declaration that her detention by the RCMP during a 2021 Coastal GasLink protest violated constitutional press protections. Bracken is an award‑winning photojournalist who won the 2022 World Press Photo of the Year. The suit names the RCMP and the governments of B.C. and Canada and seeks general, aggravated, special and punitive damages. Opening statements were presented Monday and the judge is hearing arguments this week. Key details: - Bracken was among 15 people arrested in November 2021 during an RCMP operation at the Gidimt'en camp as officers moved to enforce an injunction related to Coastal GasLink work. - Bracken and The Narwhal say she was detained inside an exclusion zone while reporting and that the detention violated freedom of the press. - The RCMP and government filings say Bracken was inside a barricaded cabin that interfered with pipeline construction and that she was arrested on grounds of breaching the injunction. - Counsel for Bracken argued denying journalists access can chill reporting; government counsel said injunctions apply regardless of a person’s role and argued against special treatment for journalists. Summary: The proceedings ask a judge to examine the boundaries of press protections when reporting in areas covered by court injunctions. The outcome is undetermined at this time.