Denial of access

RCMP deny access, threaten to arrest Ricochet journalists 

RCMP officers threatened to arrest and denied access to journalists Clay Nikiforuk and Aleisha Langmann, who were on assignment for Ricochet Media covering logging protests in Fairy Creek.

Nikiforuk and Langmann were walking on a road to reach a protest camp in the forest when two RCMP officers drove by and told them to turn around, they wrote

“You’re turning around,” one of the officers told the journalists, they recounted on Ricochet. When Nikiforuk asked if it would be illegal for the journalists to continue down the road, the officer said “It’s illegal because I’ll arrest you,” and then repeated his demand that the journalists turn around. 

Nikiforuk and Langmann turned around and began walking away. One of the officers tried to grab Langmann’s backpack, saying “If I grab you, I’m going to take you,” according to Ricochet. 

The incident happened almost a month after the B.C. Supreme Court ruled that RCMP must not interfere with media access unless there was a genuine operational reason to restrict access.

This incident took place during protests against old-growth logging on southern Vancouver Island, on the territory of the Pacheedaht and Ditidaht First Nations, between Aug. 9, 2020 and Sept. 28, 2021. 

Police enforcement, arrests, and most media coverage of the blockades took place after logging company Teal-Jones obtained an injunction from the B.C. Supreme Court on April 1, 2021, which banned blockades of logging activities in the Fairy Creek and Caycuse watersheds

By Aug. 2021, the Fairy Creek blockades and protests were approaching the record for the largest act of civil disobedience in Canada’s history, reported The Narwhal.

Concerns over press freedoms arose during police enforcement in 2021 due to numerous incidents where media workers were denied access to raid sites, intimidated and arrested by the RCMP. 

On May 26, 2021, the Canadian Association of Journalists and a coalition of news organizations and press freedom groups, including Ricochet Media, The Narwhal, Capital Daily, Canada’s National Observer, APTN, Canadian Journalists for Free Expression, The Discourse and IndigiNews, said they planned to take the RCMP to court over excessive restrictions on media.

The court ruled in their favour on July 20, 2021, with B.C. Supreme Court Justice Douglas Thompson affirming media rights by adding a clause to the injunction instructing the RCMP not to interfere with press access unless there was a clear and genuine operational reason to do so. 

Despite the court order, RCMP officers continued to restrict media access. Police arrested a Victoria Buzz photojournalist and seized his equipment at the main Fairy Creek blockade on Aug. 10, 2021, and threatened to arrest media workers or refused to allow them through police lines on multiple occasions after the ruling.

On Sept. 28, 2021, a B.C. Supreme Court justice refused to extend the initial injunction, saying RCMP enforcement of the order “led to serious and substantial infringement of civil liberties, including impairment of the freedom of the press to a marked degree.” 

On Jan. 26, 2022, the B.C. Court of Appeal reinstated and extended the injunction to Sept. 26, 2022. 

The B.C. Supreme Court later extended the injunction again until Sept. 26, 2023. In that decision, Justice Thompson reiterated his earlier criticism of the RCMP’s media obstruction, noting that the RCMP’s “expansive exclusion zones, and associated checkpoints and searches, were unlawful, and that the degree of interference with liberties of members of the public and the media was substantial and serious.”