Wet’suwet’en hereditary chief Dtsa’hyl sentenced to 60-days of house arrest for defending territory from megaproject

Video: Chief Dtsa’hyl comments after his sentencing.
The CBC reports: “A Wet’suwet’en hereditary chief will serve a 60-day jail sentence under house arrest for disrupting pipeline construction through Wet’suwet’en traditional territory in northern British Columbia in October 2021.”
The article continues:
“During the sentencing hearing [in Smithers, British Columbia] this week, defence lawyer Rebecca McConchie said the chief’s actions needed to be understood in the context of ‘the oppression of Wet’suwet’en people in colonial history and the ongoing issues with unceded land.’ The defence said the criminal contempt case punished the chief ‘for upholding Indigenous law because doing so breached a colonial court order.’
Crown [prosecution] lawyers had called for a jail sentence of 60 to 90 days to be served in a custodial facility. They argued that the accused’s actions were premeditated, that he used his authority as a hereditary chief to counsel others to defy the court and that he showed no remorse. The Crown referred to case law in previous criminal contempt prosecutions of striking nurses, anti-abortion activists, Trans Mountain Pipeline opponents and protesters at Fairy Creek. Quoting those judgments, it said ‘anarchical holidays’ can’t be permitted, ‘no matter the righteousness of a cause.’
‘A jail sentence is required in this case,’ said Justice Michael Tammen as he passed sentence Wednesday afternoon in the B.C. Supreme Court in Smithers. ‘He caused a significant degree of disruption for the workers and the pipeline construction.’
Chief Dtsa’hyl will serve house arrest at his home in Witset, a Wet’suwet’en community of about 600 people. He will be allowed to leave home to go swimming, which eases his cancer symptoms [the 68-year-old has recently been diagnosed with Stage 4 lymphoma cancer].”
The full article can be read at B.C. hereditary chief gets house arrest for pipeline blockade (CBC News, July 3, 2024).
Context
The Tyee has previously reported: “Chief Dsta’hyl, a wing chief of the Likhts’amisyu Clan was arrested Oct. 27, 2021, following an interaction with Coastal GasLink security on his clan’s traditional territory. Although he was originally taken into custody for mischief and theft over $5,000, Dsta’hyl now faces a charge of criminal contempt.”
Grist has also previously explained: “As a supporting chief from the Likhts’amisyu clan, Dsta’hyl had been tasked with enforcing Wet’suwet’en law in the area. Construction crews preparing to build a pipeline through Wet’suwet’en territory, without their consent — represented a blatant violation of those laws.”
A news release in 2022 from the Likhts’amisyu, one of five clans within the Wet’suwet’en nation, stated: “On October 27, Likhts’amisyu Hereditary Chief Dsta’hyl was arrested and forcibly removed from unceded Likhts’amisyu territory, along with Kolin Sutherland-Wilson of the Gitxsan Git’luuhl’um’hetxwit wilp. In observance of Wet’suwet’en trespass laws, Dini ze’ Dsta’hyl decommissioned 10 pieces of heavy construction equipment.”
Photo: Chief Dsta’hyl disables a Coastal Gaslink bulldozer. Photo by Michael Toledano.
Video: Chief Dsta’hyl and Sutherland-Wilson detained by the RCMP.
Further reading: Crown seeks 60-90 day jail sentence for Likhts’amisyu Clan Wing Chief Dsta’hyl for defending Wet’suwet’en territory (PBI-Canada, March 7, 2024).
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