BC Appeals Court Upholds Contempt Conviction of Wet’suwet’en Chief
The BC Court of Appeal upheld Chief Dsta’hyl’s criminal contempt conviction for violating a 2019 pipeline injunction.
Why it matters: The ruling clarifies limits on using Indigenous law as a defense against breaching court orders, sharpening legal lines amid Canada’s ongoing disputes over resource projects and Indigenous sovereignty. Lawyers working in Indigenous, environmental, and protest law will note its implications for injunction enforcement.
- On April 28, 2026, the BC Court of Appeal unanimously affirmed Chief Dsta’hyl’s conviction for contempt during pipeline protests.
- Chief Dsta’hyl argued he was enforcing Wet’suwet’en law while opposing the Coastal GasLink pipeline.
- The court held that Indigenous or non-Indigenous parties cannot ignore court orders, even when asserting rights under Indigenous law.
- Amnesty International named Chief Dsta’hyl a 'prisoner of conscience' in 2024 after he was sentenced to 60 days house arrest.
The British Columbia Court of Appeal on April 28, 2026, unanimously upheld a lower court’s criminal contempt conviction against Chief Dsta’hyl, also known as Adam Bernard Gagnon. The proceedings stemmed from his violation of a 2019 injunction restricting protests that blocked construction on the Coastal GasLink pipeline.
Chief Dsta’hyl, a hereditary chief of the Wet’suwet’en Nation, argued on appeal that his conduct—organizing a blockade and serving an eviction notice—was a duty under Wet’suwet’en law, intended to enforce trespass rules on unceded territory. The court acknowledged Canada’s history of suppressing Indigenous legal orders but was unequivocal that challenging a court order requires legal, peaceful routes.
Chief Justice Leonard Marchand wrote, “Indigenous law has been denied, suppressed, and at times outlawed, for over a century in Canada... But that work does not include allowing parties, Indigenous or non-Indigenous, to breach court orders.” The panel found that disregarding the injunction was not a ‘last resort,’ citing available legal avenues for contesting such orders.
Chief Dsta’hyl’s 2021 arrest resulted in a 60-day house arrest sentence. Amnesty International declared him a ‘prisoner of conscience’ in 2024, criticizing the penalty as unfair to both Indigenous rights and environmental defense efforts.
Wet’suwet’en hereditary chiefs maintain that the pipeline project proceeds without their free, prior, and informed consent, amplifying legal and political friction over resource development in unceded Indigenous territory.
By the numbers:
- April 28, 2026 — BC Court of Appeal upheld the contempt conviction.
- 2019 — BC Supreme Court issued initial injunction against protests.
- 60 days — Chief Dsta’hyl’s house arrest sentence for contempt.
Yes, but: Details on the alternative legal avenues referenced by the court were not provided in the available materials.