Canada: Judge orders Amber Bracken’s release, three days after her arrest by RCMP from Gidimt’en camp

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November 22, 2021, Canada – A British Columbia Supreme Court judge ordered the release of photojournalist Amber Bracken and documentary filmmaker Michael Toledano on Monday morning, November 22, pending both their trials on February 14, 2022. Three days after their arrest by the Royal Canadian Mounted Police, the judge conditioned the journalists’ release on their agreement to appear before the court and respect the injunction against pipeline protests in Wet’suwet’en territory, northern B.C. The Coalition For Women In Journalism condemns the journalists’ arrests and is extremely concerned at reports of restricted access for members of the press near construction sites.

Amber and Toledano were arrested on Friday, November 19, while covering the increased militarised presence of the RCMP at Gidimt’en camp to enforce the injunction aimed at keeping protestors away from the construction site of the Coastal GasLink pipeline. The journalists were among 15 people arrested on Friday as tensions heightened over the construction of the pipeline through Wet’suwet’en territory in northern B.C. 

An award-winning photojournalist, Amber was on assignment for The Narwhal and Toledano has been working on a documentary on the conflict and indigenous resistance to the pipeline since 2019. The RCMP has reportedly also been tracking Amber and Toledano in a national database that tracks law enforcement investigations.

At the center of the conflict is a multi-billion dollar natural gas project — touted as the largest private sector investment in Canadian history — and an assertion by Wet'suwet'en hereditary chiefs that no pipelines can be built through their traditional territory without their consent. The CFWIJ is extremely concerned at the manner in which the RCMP proceeded against the journalists on the ground. 

Taking to Twitter after the court’s decision on Monday, Toledano shared the details of his arrest. “Four days ago I was arrested at gunpoint for filming RCMP tactical teams as they pointed guns to remove Wet'suwet'en people from their lands,” he wrote. “My arrest and incarceration were punitive and a blatant attempt to repress images of police violence against Indigenous people in Canada.”

“I could have signed conditions on site, and continued to work. Instead, for a civil charge with minimal conditions, I was kept in holding cells in three cities for four days, fed minimally. People with dietary restrictions have barely eaten since being incarcerated on Friday,” wrote Toledano. 

A day prior to Amber’s arrest, the CFWIJ reported at least one media arrest from the protest site and we remain vigilant as tensions heighten. The RCMP reportedly made 29 arrests from the site at Gidimt’en camp in two days. 

Along with Amber and Toledano’s release, Justice Marguerite Church also ordered the release of six others. The latter were released on the conditions that they attend trial in February 2022, engage in lawful protest, comply with the injunction, and promise not to be within an exclusion zone unless they are accompanied by a police officer in order to retrieve their belongings.

According to Amber’s lawyer, the injunction does not bar the journalist from returning to the area to her job as she has a valid reason to be present there. Whether the RCMP respects the court’s decision and allows Amber to report freely remains to be seen, however. 

Amber’s work has received some of the industry’s highest awards including a World Press Photo award in 2017 for her coverage of Standing Rock, the 2018 ICP Infinity Award for Documentary and Photojournalism and the Canadian Association of Journalists Charles Bury Award for her outstanding coverage of the Wet’suwet’en crisis for The Narwhal in 2020.

Commenting on the case, CFWIJ founder Kiran Nazish said she was appalled to see police treating journalists in this manner under any circumstances. But, she noted, such incidents have become more frequent in Canada. “In recent months, Canada has risen in the ranks among the top countries on two major trends: online trolling and police violence.”

Over the past year, said Nazish, CFWIJ has received reports of police asking journalists to leave demonstrations or obstructing them from reporting by restricting their access, intimidating them, physically restraining or arresting them. These violations happen disproportionately more against female reporters, she added. “In a democracy, a crucial part of law enforcement’s job is to allow and protect journalists so they can do their job freely and safely.” 

Meanwhile, commenting on the journalists’ release order on Monday, journalist and co-founder of The Narwal, Amber’s employer organization, Carol Linnitt noted on Twitter that the RCMP needed to be held accountable.

The CFWIJ strongly agrees. The RCMP must be held accountable for its actions in the region and Canada must ensure that the press is able to report freely from the region. Along with the Canadian Association of Journalists, other journalist groups and news organizations, we call on Canada’s Public Safety Minister Marco Mendicino to stop transgressions by the RCMP against journalists. You can join our petition here. 

The Coalition For Women In Journalism stands in solidarity with Amber Bracken. We condemn the arrests of Amber and Toledano. We are deeply concerned over the restricted access for members of the press reporting on protests in Wet’suwet’en territory, especially with the RCMP’s increased presence in the area. We call on the Canadian authorities to reach a solution that is respectful of the rights of the indigenous people instead of flagrantly violating journalists’ right to report and citizens’ right to protest.