Court upholds criminal contempt conviction against Chief Dsta’hyl

The B.C. Court of Appeal has dismissed an appeal by Chief Dsta’hyl, also known as Adam Gagnon, of his 2024 criminal contempt conviction.

The Wet’suwet’en wing chief was convicted of violating an injunction to prevent people from impeding work on the Coastal GasLink pipeline.

For the conviction, he was sentenced to six-months house arrest, which he has since served.

In its decision, the Court of Appeal confirmed that between Oct. 17 and 26, 2021, Dsta’hyl “knowingly and willfully contravened” the Coastal GasLink Injunction by impeding work on the project within traditional Wet’suwet’en territory.

The Appeal Court’s ruling called Dsta’hyl’s defence “uncomplicated”, as he contended his actions weren’t criminal because he was compelled by the Wet’suwet’en law of trespass.

Chief Justice Leonard Marchand, writing for the unanimous panel, rejected that view, noting that disobeying the injunction was not a “last resort” as other options were available for him to challenge the injunction.

“Indigenous law has been denied, suppressed, and at times outlawed, for over a century in Canada,” the Chief Justice wrote.

“Canadian law has a role to play in undoing that harm and is learning to make space for Indigenous legal orders in various ways. But that work does not include allowing parties, Indigenous or non-Indigenous, to breach court orders.”

Amnesty International in 2024 called Dsta’hyl Canada’s first “prisoner of conscience”.

The full ruling can be found here.