Erica Olmstead will appear on behalf of the British Columbia Civil Liberties Association (“BCCLA”) before the Supreme Court of British Columbia in The Narwhal News Society and Amber Bracken v. Attorney General of Canada et al., a case that raises important questions about the scope of freedom of the press under s. 2(b) of the Canadian Charter of Rights and Freedoms.
The lawsuit alleges that the RCMP unlawfully arrested and detained Ms. Bracken – an award-winning photojournalist – while she was covering protests of and Indigenous resistance to the Coastal GasLink Pipeline in 2021. The plaintiffs allege that their Charter-protected freedom of the press rights were violated.
The BCCLA has been granted leave to intervene and will argue that courts should provide clearer guidance regarding the constitutional protection afforded to journalists engaged in newsgathering activities. The intervention also addresses broader concerns about police interactions with journalists reporting on Indigenous land defence actions and the enforcement of court-ordered injunctions.
The BCCLA submits that independent reporting is particularly important where state action occurs in remote locations or affects marginalized communities, and that meaningful constitutional protection for journalists is essential to ensuring public accountability and transparency.
The hearing is scheduled to proceed before the Supreme Court of British Columbia from June 8–19, 2026: Media Advisory: BCCLA at British Columbia Supreme Court to Defend Freedom of the Press.