Justice camp takes fight with province to court
TEEPEE protesters contend arrests on June 18 violate charter rights
The Justice for Our Stolen Children camp announced Monday a court application had been filed on behalf of the campers who were arrested by Regina police last month.
Regina Police Service and Provincial Capital Commission are named in the court document, filed Monday at the Court of Queen’s Bench in Regina.
The protest camp, marked now by 13 teepees located across the parking lot from the Legislative Building in Regina, was set up February 28 after two men were acquitted of charges in the deaths of two young Indigenous people, Colten Boushie in Saskatchewan and Tina Fontaine in Manitoba.
Supporters say the goal has been to start a conversation with the provincial government to address issues like the over-representation of Indigenous children in the fostercare system and inequality in the justice system.
Dan Leblanc, legal counsel for the camp said Monday, “The Supreme Court has been clear, that expression of this type is afforded a high degree of protection under our Constitution.”
On June 18, Regina police officers entered the camp, arrested six people for obstruction and oversaw the removal of the lone teepee erected at that time.
All six of the individuals arrested were named as applicants in the court documents filed.
Leblanc said the arrests and removal of the teepee “upset these members’ Constitutional rights” and the matter is being brought to court because the campers are “challenging the constitutionality of those actions.”
He cited Section 2B of the Canadian Charter of Rights and Freedoms, which states everyone has the fundamental freedom of “thought, belief, opinion and expression, including freedom of the press and other media of communication.”
“We say that right is more important than the government’s interest in keeping a green lawn,” said Leblanc, who added the court application is also based on the six individuals being “arbitrarily arrested and detained” in order for the teepee to be removed on June 18.
“We seek a declaration from the court indicating this and we’re hopeful this will affect government action going forward,” he said, noting the campers are not seeking to get money. “They are seeking to get their rights upheld and their voices heard.”
The matter will be heard in a Regina courtroom on Aug. 13.
Although members of the camp have had one meeting with the government, Premier Scott Moe said last week that the province would not meet with protesters a second time unless the teepees were removed.
Robyn Pitawanakwat, one of the campers, said that on Friday the province gave an official response to the group’s list of actionable items for the government to take.
She said that response indicated the protesters had not been heard, that the province is happy with the status quo and has no interest in addressing the issues they brought forward.
Prescott Demas, who had previously said the future of the camp would depend on the province’s response to the meeting, said Monday, “We’re staying here, the camp is not going down.”
In response to the court application, the government said in a statement, “As the protest camp now has an application before the courts, the Government of Saskatchewan will not be providing any further comment.”
It’s expected members of the camp will outline their response to the province’s response to the actionable items list on Tuesday.