Protect Sqeq’petsin Stop TMX - Trial Support

UPDATE:

Secwépemc land defenders convicted for protecting ancestral lands

There is No Justice in a justice system based on legal fiction

In December 2022, Judge Fitzpatrick found all eight accused guilty of Criminal Contempt of Court, over two years after they were arrested in October 2020 on unceded Secwepemc’ulew. Those found guilty include Hereditary Chief Saw Ses, Secwepemc Matriarchs Miranda Dick and April Thomas, Nlaka'pamux land protector Billie Pierre and four settler supporters; Romilly Cavanaugh, Heather Lamoureux, Susan Bibbings and Laura Zadorozny.

The Crown Prosecutor Neil Wiberg is seeking 1- 6 months of jail time for sovereign Secwepemc people and their supporters for taking part in ceremonies on their ancestral lands. We are witnessing genocide in action. Hereditary chiefs and matriarchs remain unwavering in their commitment to protecting their territories, saying they won’t back down to “Canada” and its illegal jurisdiction under Secwépemc laws.

During a talk at the University of British Columbia’s Okanagan campus on Nov. 24, Dick spoke about how “Canada” is breaking ancient Secwépemc law – not the other way around – by building a pipeline through the nation’s homelands.

Beyond the fact that the BC Supreme Court has no Jurisdiction in Secwepemc’ulew the trials have been fraught with ongoing injustices while the 8 self-represent themselves including:

No pretrial and case mismanagement

April Thomas was convicted in absence due to the death of her sister a few days prior.

A bench warrant being issued for Thomas despite the rest of her co-accused – all of whom were self-representing – asking for a few days' adjournment time due to the loss of her sister

Being spoken too like children, and constantly interrupted while speaking by the judge

In regards to the harsh proposed sentencing, the ​​BC Prosecution Service media release stated that "the criminal justice system is failing Indigenous people. Colonialism, displacement and forced assimilation have contributed to their overrepresentation in all parts of the system. Ongoing bias, racism, and systemic discrimination only make the problem worse. These facts must inform every consideration, decision, or action we take in relation to Indigenous persons."

To the contrary, mothers, elders and community leaders, are being sentenced to jail time. Throughout these proceedings countless deaths, tragedies and grief have consumed the group but the call for continued suffering for not just those convicted but their families and communities continues from the BC Government.

This disproportionate punishment of Indigenous people for upholding their responsibilities to care for the land is a prime example of the systemic discrimination BC policies claim to be addressing within its mandate “to meet the standards set by the United Nations Declaration on the Rights of Indigenous Peoples and the Truth and Reconciliation Commission’s justice-related Calls to Action.”

Despite of the injustice the Secwepemc continue to uphold their sovereignty

"Our laws supersede (Canada's) laws, and that's been upheld right up to the United Nations level. But it's Canada who is not upholding it. It is us who write our own laws, and us who make laws on our own territory, and we're the ones who determine it.” Thomas Says

⚡️⚡️⚡️CALLS TO ACTION⚡️⚡️⚡️

Attend our fundraiser in Vancouver on January 19th at at the Russian Hall

Donate to our GoFundme

Hold the date of Feb 21 at 830AM for support rallies in both Kamloops and Vancouver

Spread the word

Connect us with media reporters

Prayers

Updated Fundraiser Goal of $20,000 ($13,000 more)

$10,000 - Legal Fees

$3,000 - Travel and Food

The support will cover gas, food and lawyer consultation. We are extremely grateful for the support that we have received to date. We have had over 15 court dates in the past two years, six adjournments and have presented a stay of charges application which was denied. This has left us in need of more funds to prepare our defenses and travel to and from court.

CONTEXT

The eight water defenders arrested on Oct 15 and 17 at the TMX drill sites are being charged with criminal contempt of court for breeching a colonial injunction with no jurisdiction on unceded Indigenous land. The prosecution is seeking 14-28 days in jail.

April Thomas and Miranda Dick have demanded a third party adjudication to ensure that the colonial government was not infringing upon the rights of the land defenders. This demand was made on the grounds of the colonial government purchase of the TMX pipeline expansion project. This is a direct conflict of interest as the crown acts as judge and prosecution.

Kukstemc to those in advance for supporting. Your witness, prayers, art and time are seen, appreciated and keep us strong. We have defeated projects like these before. Together we can do it again.

SUMMARY OF OUR TRIAL TO DATE

Oct 15 and 17, 2020: Eight arrests in Kamloops

Jan 20, 2021: First in person Court Appearance - Vancouver

Mar 1, 2021: Second Court Appearance - Vancouver

April Thomas and Miranda Dick demanded a third party adjudication to ensure that the rights of the land defenders were not being infringed upon by the colonial government. This demand was made on the grounds of the colonial government's purchase of the TMX pipeline expansion project. This is a direct conflict of interest as the crown acts as judge and prosecution. Crown decides the charges are criminal contempt of court.

Mar 15, 2021: Third Court Appearance - Kamloops

Trial Dates were set for a trial in Kamloops

July 30, 2021: Call in for adjournment due to fires and lack of disclosure

August 3-13th: First two trial dates that were adjourned

October 2021: Disclosure is received in spite of the document stating the Kamloops RCMP submitted in Nov 27, 2020

Dec 9 2021: Prosecution requests Adjournment. Neil Wiberg's friend passed away and floods washed out roadways and highways to Kamloops.

Dec 13-17 2021: Trial dates adjourned.

Jan 13, 2022: Call in to request an adjournment due to lack of disclosure and COVID restrictions - no adjournment granted.

Jan 17-21 2022: Trial in Kamloops, adjourned on the first day of trial due to April Thomas being sick and unable to attend trial as an agent for several of the co-accused. Also, Romilly Cavanaugh’s mother had suffered a major heart attack and she could not leave Vancouver.

Mar 18 2022: Crown calls for an adjournment due to new disclosure (video/body ca) which must be shared with defendants.

Mar 21-25 2022: Trial dates were adjourned for Miranda Dick, Heather Lamoureaux, Laura Zadorozny and Susan Bibbings.

April 1 2022: Pre-trial Conference scheduled for 9 am.

April 25-29 2022: Trial was adjourned instead we had a Stay of Charges Proceeding which was denied

Oct 3-7th 2022: Oct 15th arrestees trial

Dec 12-16th 2022: Oct 17th arrestees trial

Secwepemc Say No TMX: This group was created to bring voices to Say No to The TMX Trans Mountain Pipeline and for our voices to Be Heard. This affects everyone downstream. Asking Tough questions such as What is in the Impact Benefits Agreement? Who is responsible for cleaning up if and when a spill happens? Accountability and Transparency. Where's the Deed? Asserting Secwepemc duty to the land and responsibility to Salmon, Clean Water, and our Watershed protection.