Canada: Police Justify Arrest of Award-Winning Journalist Amber Bracken by Questioning Her Credentials
The Coalition For Women In Journalism raises concerns about the RCMP’s assertion’s broader implications for press freedom in Canada
Location: Canada, Ottowa
Date: October 5, 2023
In its recent court filings, the Royal Canadian Mounted Police (RCMP) challenged the lawsuit by photojournalist Amber Bracken concerning her wrongful arrest while covering a protest against the construction of a pipeline in 2021. The RCMP claims Bracken was not genuinely engaged in news reporting. The Coalition For Women In Journalism strongly denounces the RCMP for asserting Bracken was not acting in a professional journalistic capacity while covering the protest. By questioning the credentials of an established journalist, it undermines their credibility and professional integrity. This could set a precedent where the police can easily discredit or doubt any journalist based on arbitrary criteria. This incident underscores an escalating concern over the need for Canadian police to be better educated on press freedom.
In response to a civil suit filed by photojournalist Amber Bracken and her publication The Narwhal for wrongful arrest and detention, the RCMP claims the reporter’s actions did not align with genuine news-gathering activities.
On November 19, 2021, Bracken — an award-winning photojournalist known for her work documenting social and political issues — was arrested while reporting for The Narwhal from Wet'suwet'en territory in northwestern British Columbia. She was covering a demonstration against the construction of a gas pipeline without the consent of the hereditary chiefs.
Despite prior notification to the police and carrying identification tags and a letter of assignment, Bracken was arrested alongside numerous protestors. She was held in detention for three days before being released. Bracken's arrest was a blatant violation of her Charter rights which protect freedom of expression.
The Narwhal announced on February 13, 2023, that it had initiated legal proceedings against the RCMP for Bracken's unjust arrest, wrongful detention, and violation of constitutional rights. A landmark 2019 ruling from the Newfoundland and Labrador Court of Appeal, known as the 'Brake case,' established special considerations for journalists working in good faith and reporting on matters of public interest, even in the presence of an injunction as was the case with the pipeline protests.
“As a journalist, I never wanted to be the story. But the police took that decision for me when they finally made it impossible for me to do my job,” said Bracken. “That day I stood my ground to report. Today we are standing up to hopefully prevent such an arrest and the resulting chill on reporting from ever happening again.”
“As a journalist, I never wanted to be the story. But the police took that decision for me when they finally made it impossible for me to do my job”
Now, in order to justify Bracken’s arrest, the RCMP contends Bracken "aided or abetted" protesters during her arrest and that she did not comply with the injunction order. The RCMP argues her presence with pipeline opponents went beyond her role as a journalist and interfered with police operations.
The RCMP has repeatedly restricted journalists' access to pivotal stories. Recent events have underscored the pressing need for a clear and comprehensive media-handling policy during protests. During the Fairy Creek protests, several journalists faced similar obstructions, preventing them from executing their journalistic duties. These occurrences, though scattered, string together a troubling narrative of consistent press freedom violations by the RCMP.
Historically, court rulings and legal counsel have always fortified journalists' rights to cover and document events, regardless of their nature. However, the RCMP's ambiguous stance on handling media during protests has birthed an environment of inconsistency. The lack of clarity in the RCMP's operations has not only led to regular violations against the press but has also conceived a milieu of uncertainty for journalists working on the front lines.
The RCMP, which appears to be operating without a concrete policy on media engagement during demonstrations, has inadvertently set the stage for the mistreatment of journalists. The resultant atmosphere is one of confusion and heightened vulnerability, with journalists often finding themselves at the receiving end of police misconduct.
The arrest of an award-winning journalist like Amber Bracken based on the questioning of her credentials is troubling for press freedom. Such actions can lead to a "chilling effect," where journalists may self-censor or refrain from covering certain events or stories out of fear of being arrested or having their credentials questioned. This can lead to crucial stories not getting the coverage they deserve.
By arresting a journalist based on the questioning of their credentials, it opens the door to arbitrary enforcement. Who gets to decide which credentials are valid? This creates an ambiguous environment where journalists can't operate freely because they're unsure if their credentials will be accepted. If law enforcement agencies can arrest journalists by merely questioning their credentials, it provides them with a tool that can be misused to target journalists who are critical of their actions or policies.
“This response indicates freedom of the press is severely endangered in Canada,” The Narwhal says in their statement. “If police officers are allowed to be the arbiters of who is considered a journalist, the health of our democracy hangs in the balance.”
“If police officers are allowed to be the arbiters of who is considered a journalist, the health of our democracy hangs in the balance”
The Coalition For Women In Journalism firmly supports Amber Bracken and emphasizes the importance of respecting press freedom and the rights of journalists to conduct their crucial work without any hindrance. We strongly believe that the response from the RCMP serves as a blatant illustration of their continuous attempts to limit press access and impede the work of journalists. It showcases a disregard for the constitutional and legal safeguards provided to journalists in Canada. The future of journalism in Canada hangs in the balance as the outcome of this case will have significant and wide-ranging implications.
The RCMP must end its undue harassment of journalists. Furthermore, it's imperative that, in collaboration with press freedom proponents, the RCMP promptly formulate and publicize a policy. This guideline should serve as a beacon, illuminating the path to safeguarding journalists’ rights while effectively policing demonstrations. The pursuit of truth is fundamental to journalism, and any hindrance to this endeavor is a disservice to society at large.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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