RCMP breached rights of anti-fracking protesters: watchdog

DECISIONS TO RESTRICT ACCESS TO PUBLIC ROADWAYS OR SITES MUST BE SPECIFIC, REASONABLE AND LIMITED ... — COMMISSION

OTTAWA • The RCMP watchdog has uncovered shortcomings with the national force’s crowd-control measures, physical searches and collection of social media information while policing anti-fracking protests in New Brunswick.

In a long-awaited report issued today, the Civilian Review and Complaints Commission for the RCMP chastises the Mounties for their reluctance to take action on some of the findings and recommendations.

The commission received 21 public complaints related to the RCMP’s management of protests in 2013 over shalegas exploration by SWN Resources Canada near the town of Rexton and the Elsipogtog First Nation reserve in Kent County, as well as in various other parts of the province. The report notes that a primary motivation for Indigenous protesters opposing the actions of SWN was their dedication to protecting land and water they considered their own, unceded to the Crown through treaty or other agreement.

A court-issued injunction limited protest activity and, despite some progress through negotiations between the RCMP and demonstrators, the Mounties cleared an encampment in a tactical operation on Oct. 17, 2013, sparking a melee and numerous arrests.

The commission found considerable evidence that RCMP members “understood and applied a measured approach” in planning their operations and while interacting with protesters. However, it also found some distressing problems.

“Several incidents or practices interfered to varying degrees with the protesters’ rights to freedom of expression, association and peaceful assembly,” the commission concluded.

It stressed that police may only establish “buffer zones” in accordance with parameters set by the courts. “As such, decisions to restrict access to public roadways or sites must be specific, reasonable and limited to minimize the impact on people’s rights.”

The commission also found that some of the RCMP’s surveillance practices and physical searches were “inconsistent with protesters’ charter rights to be free from unreasonable search and seizure.” The commission found that RCMP policy did not provide clear guidance as to the collection, use and retention of personal information obtained from social media or other open sources, particularly in situations where no criminal activity was involved. It urges the RCMP to destroy such material once it is clear there is no criminal or national-security dimension.

Among the other findings: The RCMP’s interactions with SWN Resources were reasonable under the circumstances, and enforcing the law and injunctions did not amount to acting as private security for the company, as some had claimed;

❚ RCMP members did not differentiate between Indigenous and non-Indigenous protesters when making arrests, nor did they demonstrate bias against Indigenous protesters generally;

❚ Officers had reasonable grounds to arrest people for offences, including mischief and obstruction, and the force used was generally necessary and proportional;

❚ At the time the policing efforts began, with some notable exceptions, assigned members did not have sufficient training in Indigenous cultural matters.

RCMP Commissioner Brenda Lucki agreed to implement recommendations on sensitivity and awareness training related to Indigenous culture and sacred items, better information sharing with crisis negotiators and refreshers for RCMP members on law and policy for search and seizure.