For Immediate Release
WHAT: BCCLA to intervene in The Narwhal News Society and Amber Bracken v. Attorney General of Canada et al. at Supreme Court of BC to argue that police misconduct towards journalists violated Charter rights
WHEN: June 11, 2026 — 10:00am PST
WHERE: 800 Smithe St, Vancouver, BC V6Z 2C5
xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish) and səlilwətaɬ (Tsleil Waututh) / Vancouver, BC — The BC Civil Liberties Association (BCCLA) will intervene at the Supreme Court of BC in The Narwhal News Society and Amber Bracken v. Attorney General of Canada et al. This lawsuit alleges that the RCMP unlawfully arrested and detained Ms. Bracken – an award-winning photojournalist – while she was covering protests of and Indigenous resistance to the Coastal GasLink Pipeline in 2021.
The plaintiffs allege that their Charter-protected press freedom rights were violated, both in that Ms. Bracken was prevented from fully documenting these events and that the Narwhal was delayed in being able to report on them. The plaintiffs also allege that Ms. Bracken’s rights under ss. 7 and 9 of the Charter were violated when she was arrested and held in custody for four days.
BCCLA is intervening in this case to argue that a pattern of state interference with the media has emerged across Canada in relation to police responses to . From the Oka Crisis and Gustafson Lake in the 1990’s, to Fairy Creek and Wet’suwet’en land defence today, police forces have been trying to keep journalists from reporting on these critical events for decades.
In order to combat this problem, freedom of the press must be recognized as a standalone right under the Charter, independent from freedom of expression. It is critical that police actions in remote locations and against marginalized groups are documented and shown to the public. The role of the media is indispensable in this regard, and the rights of journalists must be given special consideration in these circumstances.
Vibert Jack, BCCLA Litigation Director, says:
“A free press means an informed public, which is a cornerstone of a functioning democracy. Protecting freedom of the press means protecting everyone’s right to know. When journalists like Amber Bracken put themselves at risk to tell us the important stories we need to know, the least we can do is stand alongside them to defend their constitutional rights.”
BCCLA is represented by Noah Ross of Noah Ross Law Corporation, Erica Olmstead of Edelmann & Co. Law Offices and Veronica Martisius, BCCLA Staff Counsel