The B.C. Court of Appeal has rejected a unique argument put forth by a Wet’suwet’en chief convicted of criminal contempt for defying a court injunction. Chief Dsta’hyl, also known as Adam Bernard Gagnon, appealed his conviction related to obstructing work on the Coastal GasLink pipeline in 2021. The appeal was based on his assertion that he acted in accordance with Indigenous law, specifically the Wet’suwet’en law of trespass.
The court deemed Gagnon’s defense as straightforward, contending that his actions were justified under Wet’suwet’en customs. Gagnon, along with other hereditary chiefs, had served an eviction notice to Coastal GasLink. However, the court found that Gagnon’s argument was essentially challenging the injunction indirectly, rather than seeking approval for his actions.
The Appeal Court upheld the lower court’s decision that Gagnon had alternative lawful avenues to challenge the injunction, making his defiance not a last resort. The ruling emphasized the importance of recognizing Indigenous legal systems in Canadian law while holding all parties accountable to court orders.
Amnesty International designated Chief Dsta’hyl a “prisoner of conscience” in 2024, alleging his criminalization was unjust as he was purportedly safeguarding Wet’suwet’en land and rights.