Three opponents of the Coastal GasLink pipeline, including a prominent Wet’suwet’en leader, have been handed suspended jail sentences and ordered to perform community service for violating a court injunction during a 2021 blockade on Wet’suwet’en territory.
Delivering his decision Friday in Smithers, B.C., Justice Michael Tammen of the B.C. Supreme Court said the suspended sentences reflect not leniency, but a judicial effort to foster reconciliation.
“Historically, this type of suspended sentence was akin to a form of judicial clemency,” Tammen said. “In this case, it is appropriate to extend such clemency, in part based on the need to foster reconciliation with Indigenous Peoples.”
The Verdict and Sentences
The court sentenced Sleydo’ (Molly Wickham), Shaylynn Sampson, and Corey Jocko—all Indigenous land defenders—to varying jail terms, which were suspended for one year.
Sleydo’ received a 17-day sentence,
Jocko was sentenced to 12 days, and
Sampson to 9 days,
All three must complete 150 hours of community service. Jail time will only be served if they breach court conditions within the next year.
The trio was convicted of criminal contempt in January 2024 for violating a 2019 injunction that barred interference with pipeline construction. They were arrested in November 2021 after taking part in a blockade that halted work for several days on Wet’suwet’en traditional territory.
Crown vs. Defence: Diverging Views on Punishment
The Crown sought custodial sentences, arguing that incarceration was necessary to uphold the rule of law and deter similar actions. Prosecutor Paul Battin cited social media posts encouraging others to join the blockade, risks faced by Coastal GasLink workers unable to leave the site for four days, and the danger to RCMP officers enforcing the injunction.
“This sentencing is about how these three contemners acted, and how those actions undermine the court’s reputation and the rule of law,” Battin told the court.
Defence lawyer Frances Mahon countered that further jail time would only erode trust in the justice system, especially after the court found that RCMP had breached the trio’s Charter rights during their arrests. She urged the court to consider the history of unimplemented agreements with Indigenous nations and ongoing issues of overincarceration.
Abuse of Process and RCMP Misconduct
Earlier this year, Justice Tammen had ruled that parts of the arrests amounted to an abuse of process. He cited disturbing evidence, including recordings of RCMP officers comparing Sleydo’ and Sampson, who wore red handprints on their faces symbolizing missing and murdered Indigenous women, to “orcs” from The Lord of the Rings.
“I found those comments to be grossly offensive, racist, and dehumanizing,” Tammen said. He noted that the trio endured “harsh and arduous” conditions during transport, spending long hours—sometimes up to 11 hours without food or washroom breaks—between November 19 and 22, 2021.
As a result, the court granted credit reductions for time served and for the abuse of process findings:
10 days deducted for Sleydo’ and Jocko,
8 days deducted for Sampson, and
3 additional days credited for rights violations.
Historical Context and Reconciliation Considerations
In a rare acknowledgment, Justice Tammen said he recognized the failure to meaningfully implement the 2020 memorandum of understanding (MOU) between Wet’suwet’en hereditary chiefs and federal and provincial governments as a contributing factor in the “offending behaviour.”
“I do consider it as an extremely unique circumstance,” he said. “The dark shadow of the legacy of colonization looms large in the broader backdrop to this case.”
Mahon reminded the court that the Wet’suwet’en’s unceded title had been affirmed in the 1997 Delgamuukw decision, yet practical recognition through policy and governance remains incomplete.
“We’re not talking about beliefs,” she said. “We’re talking about a history that has constrained the Wet’suwet’en to prove title that has never been extinguished.”
A Sentence Aimed at Healing, Not Division
Justice Tammen said he balanced deterrence with the broader goal of reconciliation:
“If by suspending the implementation of the remaining jail sentence, I can advance the goal of reconciliation with Indigenous Peoples, even infinitesimally, I should seriously consider it.”
He added, “Right-thinking members of society would not view this sentence as unduly lenient, nor does it risk erosion of respect for the courts.”
The Broader Pipeline Dispute
The blockade, which occurred on unceded Wet’suwet’en land, temporarily delayed construction of the 670-kilometre Coastal GasLink pipeline, transporting natural gas across northern B.C. to a terminal in Kitimat for export to Asia. Despite the protests, the project was completed, and LNG Canada exported its first shipment in June 2025.
At the end of Thursday’s sentencing arguments, Sleydo’ reaffirmed the group’s commitment to Indigenous sovereignty.
“Wet’suwet’en land has never been ceded or surrendered,” she said. “Our ancestors said we are the land, and the land is us. Our laws flow from the land—we are nothing without it.”
