Award-winning photojournalist Amber Bracken’s lawyer criticized the RCMP for misrepresenting her as an “occupier” rather than acknowledging her as a journalist during her arrest at a pipeline protest in northern British Columbia. Sean Hern made these statements during the opening arguments on the first day of the five-week trial at the B.C. Supreme Court in Vancouver.
Bracken, who was on assignment for news outlet The Narwhal at the time, was arrested on Nov. 19, 2021, and held for four days after police raided a small structure erected in defiance of a court-ordered injunction by Coastal GasLink. Alongside Bracken, five Indigenous land defenders and a documentary filmmaker were also arrested.
The lawsuit filed by Bracken and The Narwhal against the RCMP includes allegations of wrongful arrest, wrongful detention, and violation of Charter rights, specifically the right of journalists to gather and report information to the public. Hern emphasized that both 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 in the area covered by the injunction.
During the trial, Hern presented a photo showing Bracken’s arrest with professional cameras, press tags, and identification from The Narwhal and CAJ visible on her. He argued that RCMP commanders could have easily verified her credentials by searching her name online.
On the other hand, the defence counsel representing the RCMP contended in their opening statements that journalists are not exempt from court orders or the law, emphasizing that Bracken’s detention followed a lawful arrest and was not arbitrary. Craig Cameron stated that the RCMP had no obligation to treat Bracken differently due to her profession.
Before the trial began, Bracken expressed her satisfaction with the opportunity to address the potential violation of her rights as a journalist in court. She highlighted the importance of media solidarity in such cases.
Coastal GasLink initially charged Bracken with civil contempt upon her arrest but later dropped the charge. The case is seen as a pivotal moment not only for Bracken but also for the broader issue of journalists’ rights to document police activities for public awareness.
The trial continues, with Bracken expected to testify soon.