Former RCMP C-IRG Bronze Commander Ken Floyd testifies at hearing on abuse of process application

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Video still: RCMP Superintendent Ken Floyd.

The second hearing of the abuse of process application at B.C. Supreme Court in Smithers, British Columbia brought forward by Indigenous land defenders Sleydo’ Molly Wickham (Wet’suwet’en Cas Yikh house), Shaylynn Sampson (Gitxsan), and Corey Jocko (Kanien’kehá:ka Mohawk) concluded today.

The application alleges excessive force and mistreatment by the Royal Canadian Mounted Police (RCMP) Community-Industry Response Group (C-IRG) and asks Justice Michael Tammen to stay or reduce their sentences after being found guilty of contempt of court related to an injunction prohibiting interference with the construction of the Coastal GasLink pipeline on Wet’suwet’en territory.

CBC reports: “On Wednesday [September 11], defence lawyer Frances Mahon asked RCMP Supt. Ken Floyd about a PowerPoint given before the enforcement operation on how police should conduct the raids. Floyd was the bronze police of jurisdiction commander, and was present at the arrest of Sleydo’ and Sampson.”

The article then notes: “Mahon played an audio recording from microphones belonging to a journalist that were left on during the arrests in which police officers can be heard referring to blockade members with face paint on as ‘orcs’.”

It then explains: “Sleydo’ and Sampson both were wearing red dresses and had red handprints painted over their mouths when they were arrested. Red dresses and handprints are both symbols for missing and murdered Indigenous women and girls. Mahon said this was an example of a clear violation of the accused rights being breached during arrest.”

Video still of Sleydo’ being arrested by the C-IRG.

Then the article adds: “Floyd said that though he was ashamed by the comments made by the officers and believes they are wrong, because the comments were not said to the accused, it did not interfere with their rights and how they were subsequently treated in custody.”

The abuse of process proceeding began on January 12-19 of this year.

During that first hearing in January, C-IRG Silver Commander Superintendent James Elliott testified that officers would have had special training on Indigenous cultural sensitivity, but as noted in that hearing and again in court this week, an officer could be heard saying: “They all had the fuckin’ paint like, are you an orc?”

The January hearing included testimony about the RCMP having “lethal-force overwatch” in place in November 2021, but no negotiator, their perception that Mohawk patches heightened their risk assessment of the situation, that Corporal Sebastien Pilote sought permission to fire his weapon to disable a security camera, that the same officer pointed a 40mm projectile launcher at the land defenders, and more.

The September hearing included testimony about disturbing radio transmissions (that involved the nursery rhyme Ring Around the Rosie and a voice saying “I know where you are. I’m coming to get you”), arrested land defenders being kept for what “felt like hours” in a police van with the heat blasting, two of the defenders hearing an officer say: “Last time you’ll see that camp” (raising the concern that something was going to happen to them), the forcible removal of a medicine bag and cedar bracelet, and more.

Now that this September 3-11 hearing has concluded, the next court dates are expected to be November 4-8 and December 9-13.

We will continue to follow these proceedings.

Click here: The Yintah Access link to donate to help support the legal costs of the land defenders challenging RCMP C-IRG violence.


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