Award-winning photojournalist Amber Bracken’s lawyer criticized the RCMP for mischaracterizing Bracken as an “occupier” rather than acknowledging her as a journalist during her arrest at a pipeline protest in northern British Columbia. Sean Hern, representing Bracken, argued in the B.C. Supreme Court that Bracken’s role was to observe and document the protest for public awareness, emphasizing that the police’s claim that she was not acting as a journalist because she was inside a small structure was unfounded.
Bracken was taken into custody on November 19, 2021, following a police raid on the makeshift building erected in defiance of a court injunction secured by Coastal GasLink. The journalist, on assignment for news outlet The Narwhal at the time, along with five Indigenous land defenders and a documentary filmmaker, is suing the RCMP for wrongful arrest, wrongful detention, and violation of Charter rights related to journalists’ freedom to gather and report information.
Hern pointed out that The Narwhal’s senior management and the president of the Canadian Association of Journalists had informed RCMP leaders before the raid that Bracken was present within the injunction zone. He presented evidence, including photos and Bracken’s press credentials, to establish her identity as a media professional. Hern suggested that a simple online search by RCMP commanders during the operation could have confirmed Bracken’s credentials.
In contrast, the defence counsel for the Attorney General of Canada representing the RCMP argued that being a journalist does not exempt Bracken from complying with court orders and laws. Craig Cameron contended that Bracken’s detention was lawful following her arrest and emphasized that law enforcement is not obligated to provide preferential treatment to journalists.
Before the trial commenced, Bracken expressed satisfaction that her rights as a journalist were being addressed in court, highlighting the importance of media solidarity. Coastal GasLink initially filed a civil contempt charge against Bracken but later withdrew it. The Narwhal’s co-founder emphasized that the case is not solely about the RCMP’s actions but about the fundamental right of journalists to document police activities for public interest.
Bracken is set to testify in the ongoing trial, which is expected to span five weeks.