Award-winning photojournalist Amber Bracken’s lawyer accused the RCMP of misrepresenting her as an “occupier” rather than a recognized journalist during her arrest at a pipeline protest in northern British Columbia. Sean Hern, speaking at the start of the five-week trial in B.C. Supreme Court in Vancouver, highlighted that Bracken’s role was to observe and document the protest for public awareness. Bracken, who was on assignment for 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 injunction obtained by Coastal GasLink.
Bracken and The Narwhal are suing the RCMP for wrongful arrest, unlawful detention, and violation of Charter rights, including the freedom of journalists to collect and report information. Alongside Bracken, five Indigenous land defenders and a documentary filmmaker were also arrested at the scene. Hern emphasized that senior figures at The Narwhal and the Canadian Association of Journalists had alerted RCMP leaders prior to the raid about Bracken’s presence within the injunction zone.
During the trial, Hern presented a photo showing Bracken’s arrest, with cameras and press credentials visible, indicating her journalistic identity. He argued that a simple search of Bracken’s name by RCMP commanders could have verified her credentials. In response, the defence representing the RCMP asserted that journalistic rights do not exempt individuals from compliance with court orders or laws.
Bracken expressed her satisfaction with the legal proceedings, stating that the case represents broader issues concerning press freedom. Coastal GasLink initially charged Bracken with civil contempt but later withdrew the charge. The case, according to The Narwhal’s co-founder and editor-in-chief, revolves around the fundamental right of journalists to document police activities for public benefit. Bracken is expected to testify in court on Tuesday.