Secwepemc Appeal TMX Case Convictions

Convictions of Criminal Contempt of Court are being appealed after openly Anti-Indigenous Judge Shelley Fitzpatrick sentences Secwepemc Hereditary Chief and Residential School Survivor, Saw ses, to 28 Days in Jail. As well as Secwepemc Matriarchs Miranda Dick and April Thomas who also received jail sentencing. Billie Pierre, Nlaka'pamux who received house arrest is also appealing.

The appeal will seek to not only challenge today’s sentencing decision but the unfair and unjust sentences that have been the bread and butter of Fitzpatrick’s long and storied career protecting corporate interests against the health and well being of Indigenous and Black communities. We plan to continue to fight for Secwepemc land and title rights and take this case all the way to the UN.

The marginalization and disregard of Indigenous law, ceremony and culture, continues today the same way it did at the height of residential schools. The potlatch ban and during the 1995 Gustafsen Lake Standoff, the openly racist judge Lamer, also sentenced Secwepemc Nation members to jail while they were also acting in ceremony on the same territory at hand today. Just as Lamer refused to acknowledge the ongoing unsettled land question in unceded Secwepemc Territory where there are no treaties, Fitzpatrick also denied Secwepemc Nation members every opportunity to speak to the existence of Secwepemc Territory, law, and ceremony, repeatedly referring to the Secwepemc ceremonial sites as “Transmountain sites” and the intentions of Secwepemc Nation members was to “take the law into their own hands and assert their will by force,” when it was clear that these words described the actions taken by the RCMP, courts and Canadian law since their arrival in Secwepemc Territory.

We are fundraising to cover $10,000 in outstanding lawyer fees from the trial in 2022 cases which took place over six court dates from Oct 2022-Apr 2023.

Additionally we expect upcoming costs of $20,000 more for lawyer and travel fees. Bail review hearings will be taking place in fall 2023 with the hearing on the appeals anticipated in the spring of 2024.

Kukstemc to those in advance for your support. 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

Original arrests took place in Oct 2020 and we have had over 10 trial dates since that time, a detailed timeline has been attached. Managing and working through the Kangaroo court system has meant that we have absorbed more costs than we had expected in our original gofundme.

Oct 15 and 17, 2020: The eight water defenders arrested on Oct 15 and 17 at the TMX drill sites are charged with criminal contempt of court for breaching a colonial injunction with no jurisdiction on unceded Indigenous land.

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. The 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 KamloopsRCMP 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, adjourned in the middle due to a medical emergency of April Thomas

Dec 5-9th 2022: Oct 15th arrestees trial is completed. All four are found guilty of criminal contempt of court

Dec 12-16th 2022: Oct 17th arrestees trial. All four are found guilty of criminal contempt of court

Feb 22, 2023: Oct 17th arrestees are sentenced - 4 women including Miranda Dick were sentenced to 28 days each after a hair cutting ceremony was conducted on Secwepemc Territory in protection of women, water and future generations and in accordance to Secwepemc law.

February 24, 2023: Judge Shelley Fitzpatrick sentenced Secwepemc Hereditary Chief and Elder Saw Ses to 28 days in prison. Almost 3 years after his ceremonial responsibilities brought him to Secwepemcetwke, the Thompson river, in support of Secwepemc Matriarchs conducting ceremony on their own territory. Chief Saw Ses was forced to appear in front of the openly racist judge in a courtroom with a heavy police presence the day after Judge Shelley Fitzpatrick ordered the incarceration of his daughter Miranda Dick. In both cases, she refused to apply any Gladue principles or even acknowledge either were Secwepemc or Indigenous.

Feb 2023: Saw Ses, Miranda and Romily all appeal their sentencing and convictions

May 1-3, 2023: Billie Pierre and April Thomas present their Gladue reports and are sentenced to house arrest and jail time, respectively.

May 2023: Billie Pierre and April Thomas appeal their sentencing convictions