Award-winning photojournalist Amber Bracken’s lawyer, Sean Hern, criticized the RCMP for misidentifying Bracken as an “occupier” rather than acknowledging her as a journalist during her arrest at a pipeline protest site in northern British Columbia. Hern emphasized that Bracken’s role was to observe and document the protest for public awareness, disputing claims that she was not acting as a journalist because she was inside a small house.
Bracken, along with The Narwhal news outlet she was working for at the time, is suing the RCMP for wrongful arrest, wrongful detention, and violation of Charter rights that protect journalists’ rights to gather and report information. The incident occurred when officers raided a structure built in defiance of a court injunction obtained by Coastal GasLink, leading to Bracken’s arrest and four days of custody.
During the trial’s opening arguments, Hern presented evidence of Bracken’s clear identification as a journalist, including professional cameras, press tags, and official documentation from The Narwhal and the Canadian Association of Journalists. He pointed out that RCMP officials could have easily verified Bracken’s credentials through a simple online search.
In response, the defence counsel representing the RCMP argued that being a journalist does not exempt Bracken from complying with court orders and laws. The Attorney General of Canada’s counsel, Craig Cameron, stated that Bracken’s detention following a lawful arrest was not arbitrary, emphasizing that law enforcement is not obligated to provide preferential treatment based on one’s profession.
Bracken expressed her satisfaction with the legal proceedings, highlighting the broader significance of the case for press freedom and media solidarity. The lawsuit raises fundamental questions about journalists’ rights to document police activities for public interest, especially in contentious situations involving Indigenous land rights and environmental conflicts.
While Coastal GasLink initially filed a civil contempt charge against Bracken, the charge was later dropped. The case underscores the ongoing debate over the balance between journalistic freedoms and legal obligations in covering sensitive and controversial issues like the pipeline protests in British Columbia.
As the trial continues, Bracken is expected to testify, shedding further light on the events leading to her arrest and the subsequent legal actions taken against her.