Edmonton-based photojournalist, news outlet suing RCMP over 'unconstitutional arrest'

Photojournalist Amber Bracken pauses during a news conference after she and The Narwhal filed a lawsuit at B.C. Supreme Court against the RCMP, in Vancouver, on Monday, February 13, 2023. Bracken was arrested and detained while covering the enforcement of an injunction in Wet'suwet'en territory as a journalist in 2021. THE CANADIAN PRESS/Darryl Dyck

An award-winning photojournalist who was arrested and detained while documenting a pipeline standoff in Northern B.C. has announced a lawsuit against the Mounties.

Amber Bracken and news society The Narwhal, who she was working for at the time, are seeking "real consequences for police" and a conversation about journalists being granted "special recognition" to cover such events.

At a Monday press conference in downtown Vancouver, Bracken spoke about the November 2021 arrest and how officers with "assault rifles and tactical equipment" converged on her and members of the Gidimt'en clan.

"A police dog barked and whined as officers broke in the door with an axe and then a chainsaw to arrest the people inside [a Tiny House]. In that moment I was both trembling and absolutely rooted in place. I was determined to not let this moment go unreported," Bracken said.

"Soon they would put me in handcuffs and take my cameras from me. After that they would take my rights."

Bracken was covering opposition to the construction of the Coastal GasLink (CGL) pipeline in Wet'suwet'en traditional territory, which is intended to carry natural gas from Dawson Creek to a processing facility in Kitimat, B.C.

RCMP have obtained an injunction against interfering with construction of the pipeline but the lawsuit argues that shouldn't have been applied to journalists and Bracken wasn't breaking the injunction anyway.

"She wasn't there to interfere with any of CGL's work on the pipeline. She was there to document events and that intentionality was known to police and we believe the injunction had no application to a journalist in that circumstance," said lawyer Sean Hern.

Bracken was detained for five days following the arrest. Ultimately, all charges against her were dropped.

The co-founders of The Narwhal say they hope the lawsuit changes the way police in Canada deal with journalists.

"What we're seeking is a very clear consequence for the RCMP for using that catch and release technique and showing that that is unlawful," said Emma Gilchrist

"Ultimately this is a fight for all Canadians, because as the saying goes: Democracy dies in darkness," said Carol Linnitt.

Bracken is seeking an acknowledgment that her Charter rights were violated on top of an unspecified amount of money for alleged wrongful arrest and detention.

She said she identified herself as a journalist to police before and after she was handcuffed.

"Today we are standing up to hopefully prevent such an arrest, and the resulting chill on reporting, from ever happening again," Bracken said.

"We are [also] hoping to advance the definitions and the protections for journalists on the ground."

The Edmonton-based freelancer won the 2022 World Press Photo of the Year award for an image of girls' dresses draped over crosses placed near Kamloops, B.C., as part of coverage on the discovery of 200 possible unmarked graves.

None of the allegations in the notice of civil claim have been proven in court. 

A spokesperson for B.C. RCMP said Mounties were aware of the claim and a statement of defence will be filed after they have been served. He said it would be "inappropriate" to comment on the case at this time.

With files from The Canadian Press