Wet’suwet’en Protest against Coastal Gaslink

Classification: UNCLASSIFIED

Branch/Agency: RCMP

Proposed Response:

If Pressed:

Background:

On December 31, 2019, the British Columbia (BC) Supreme Court granted the Coastal GasLink (CGL) interlocutory injunction order against persons who interfere with the Coastal GasLink project in and around the Morice River Bridge or the area accessed by the Morice West Forest Service Road.

Since that time, the RCMP has maintained a regular dialogue with the Wet’suwet’en Hereditary Chiefs and Elected Band Councils, CGL, and Government, to support or facilitate discussions in an effort to find a peaceful resolution, without the need for police enforcement.

On January 8, 2020, the Commanding Officer and commanders overseeing the police response to the injunction attended the Office of the Wet’suwet’en. Also attending were Member of Parliament Taylor Bachrach and Member of the Legislative Assembly Doug Donaldson. The main recommendation coming out of the meeting was for the RCMP not to enforce the injunction to allow time for the Chiefs to engage with the Federal and Provincial Governments. The RCMP advised that, based on legal advice, it was required to enforce the court order, but could articulate a brief but reasonable delay based on specific efforts to resolve the breach of the injunction. It provided the Chiefs until close of business on January 20, 2020 to respond, at which time an update would be required.

On January 13, 2020, the RCMP established an access control checkpoint at the 27 kilometre mark on the road to the CGL construction zone. The access control checkpoint was a measured response that reflects the need to prevent further escalation of the situation, including the placement of hazards along the roadway and the creation of a third encampment blocking access. It also allowed the RCMP to be accountable for the safety of all persons accessing this area given the hazards, unplowed roads and severe winter conditions. Persons who were permitted access generally included: all Hereditary and Elected Chiefs; elected and other Government officials; journalists with accreditation from recognized media outlets; persons providing food, medicine or other supplies or services required for the well-being and safety of persons behind the blockades; lawyers recognized as practicing members of the Law Society of British Columbia; and, other persons as authorized by the RCMP Operational Commander by prior arrangement with the Hereditary Chiefs or their spokespersons.

On January 27, 2020, the RCMP had committed to respecting the 7-day discussion period, referred to by the Wet’suwet’en as “Wiggus”, by not taking action to enforce the court-ordered injunction.

On January 29, 2020 the BC Civil Liberties Association logged a complaint with the Civilian Review and Complaints Commission (CRCC) against the RCMP regarding the Checkpoint on Morice West Forest Service Road and police involvement at that location. This complaint will be reviewed by the CRCC and responded to as appropriate.

On February 5, 2020, the BC RCMP released a statement concerning the injunction and encouraged all of the protestors to abide by the injunction and leave the area to avoid arrest. The RCMP indicated it would pursue peaceful options for arrest that will require a minimal use of force:

  1. A voluntary peaceful arrest with no force being used that includes no handcuffs.
  2. Those that want to be arrested but will not move, the RCMP will remove them from the area with very little force being applied.

The main operation to secure access per the BC Supreme Court Order commenced on the morning of February 6, 2020.  

Gold Command was in contact with Hereditary Chiefs through their intermediary, Mr. Nathan Cullen, former MP for the area. Three (3) Chiefs attended the Access Control Point to demand passage. Gold Command attended and facilitated an escort to a safe area for ceremony.

Multiple Indigenous and non-Indigenous-led protests have arisen across the country in support of the Wet'suwet'en. The majority of protests have been peaceful until present, with minimal need of enforcement. Two (2) specific protests, one in Delta, BC at the coastal shipping port and one in Bellville, Ontario, blocking Via Rail have both been subject to court injunctions removing protesters from impeding access.

As of February 10, 2020 the RCMP have concluded enforcement activity at the Morice West Forest Service Road and will be opening the road for access to GLC constructions teams.

It is expected that further contact with protesters on site in Wet'suwet'en territory will continue in the coming days. RCMP will be responding as required in order to ensure the safety and security of all individuals on site.

Contacts:

Prepared by: Matthew Barthe, Policy Analyst, Contract and indigenous Policing 613-843-5009

Approved by: Brian Brennan, Deputy Commissioner, Contract and Indigenous Policing, RCMP – 613-843-4632

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