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Court appeal from Justice for our Stolen Children protesters struck down

Court appeal from Justice for our Stolen Children protesters struck down

CBC
Saturday, September 24, 2022 03:13:28 PM UTC

An appeal to Saskatchewan's highest court over arrests made during the dismantling of Regina's Justice for Our Stolen Children protest camp has been struck down a little more than four years after the camp's last teepee was taken down.

Court documents say the camp began in February 2018 with a traditional teepee with an interior fire pit following the acquittal of two men accused of murdering two young Indigenous people: Colton Boushie, 22, in Saskatchewan and Tina Fontaine, 15, in Winnipeg.

It was erected north of the Legislative Building and South of Wascana Lake to "highlight the failings of the judicial, political and other societal systems with respect to Aboriginal people."

When it was dismantled on June 18, 2018, the six appellants were arrested and held in custody for about four hours before being released without charge. It was erected again three days later.

They claimed the dismantling of the camp and their detention infringed on their freedom of expression and that they were arbitrarily detained, pleading that the camp's focus was to express concerns about the treatment of Indigenous youth and children.

A lower court decision was appealed by the group of people, which the government argued was "moot" because of bylaw changes made after the appeal was filed.

In January 2022, Saskatchewan's highest court ruled the case should be heard despite the province's attempts to halt the appeal.

However, on Sept. 15 it found the appellants' arguments could not succeed and dismissed the appeal.

The appellants argued that their arrests were unlawful, unjustified and didn't consider reconciliation.

The trial judges disagreed, finding they interfered with the dismantling of the camp and the Chambers judge was not erroneous in her handling of the case.

 

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