Lawyer for Hamilton man arrested after Wet'suwet'en rally says charge will be dropped

The lawyer for the Hamilton senior arrested after a Wet'suwet'en solidarity rally in November says Crown prosecutors have agreed to withdraw the charge against him at his next court appearance Jan. 27. 

Shawn Selway, 73, was arrested Nov. 21 after leaving a demonstration in support of Wet'suwet'en hereditary chiefs, who are fighting against the construction of the Coastal GasLink pipeline on their traditional territory. 

He says he had helped paint a message on a blocked-off section of Bay Street, in front of the federal building, in support of the chiefs. "ALL OUT FOR WEDZIN KWA," read the hot pink block letters, using the Wet'suwet'en name for the Morice River in British Columbia. The waterway is central to the dispute over the construction project, which includes plans to drill a tunnel underneath it.

Despite being one of many participating in the street painting, "I was apparently the only one arrested," he told CBC Hamilton in December. "I couldn't see why they were making quite such a big deal of it." He was charged with mischief under $5,000.

Selway – who has stage 4 cancer – recently told CBC Hamilton that his lawyer, Dean Paquette, would be asking for the charge to be withdrawn "in consideration of my illness and the fatigue it causes." 

When reached by CBC on Monday, Paquette said the Crown has already agreed to withdraw the charge at Selway's next court date. Paquette said that while "the specific reason for the withdrawal was not communicated to me," he had advanced several reasons in support of the withdrawal, including Selway's health, but also the public interest in the struggle against the Coastal GasLink pipeline.

This comes as calls continue to be made for the charges to be dropped against housing advocates arrested in relation to the to the teardown of an encampment at J.C. Beemer Park back in November.

Ministry of the Attorney General spokesperson Brian Gray declined to confirm that the charge will be withdrawn, saying "as this matter is before the court, it would be inappropriate to comment."

Paquette notes the city has previously approved painting the streets for other social causes, such as in rainbow colours that affirm support for the LGBTQ+ community. 

"I can imagine the City approval of painting the street pink in support of those who suffer from breast cancer," he said. "The issue that was the subject of the civil disobedience could be seen as a cause that does attract a significant level of community support. Shawn did what he did openly and his behaviour was designed to bring attention to the struggle against the west coast GasLink pipeline."

Selway has agreed to pay "his proportionate share of damage caused to a suitable charity," Paquette said. "Finally, he is seriously ill... This by itself could have been sufficient justification for the decision. It is not typical or routine to withdraw charges based on poor health but it does occur from time to time.

"Ultimately, it comes down to a decision whether the continuation of the prosecution is in the public interest. The clear conclusion to draw from this decision was that the continuation of this prosecution was not in the public interest."

Selway did not respond to a request for comment on the decision on Monday, but has previously said he believes it is important for Canadians to step up for Indigenous people.

"When Indigenous people call for us, the rest of the people, to show support for them, we ought to get out there and do it."