Canada: Crown Attorney Drops Bogus Charges Against Brandi Morin Following Campaign by Women Press Freedom
Women Press Freedom applauds the decision to drop the charge, but remains deeply concerned that the journalist faced a criminal charge in the first place.
Location: Canada, Edmonton
Date: January 10, 2024Update: March 1, 2024
Following campaigns by the Coalition For Women In Journalism and Women Press Freedom, Edmonton prosecutor finally drops its criminal charge case against journalist Brandi Morin two months after police arrested the revered Indigenous journalis for reporting on a police raid on a homeless camp in January 2024. We celebrate the decision to withdraw the charge, but expresses deep concern about the initial charge and the length of the process. Journalism is not a crime, and the attempt to criminalize Morin's work not only obstructs the vital role of journalists but also erodes democratic values. Press freedom is not only about the absence of direct censorship but also ensuring that journalists can operate without fear of legal reprisals for carrying out their work.The threat of legal repercussions can create a stifling effect, discouraging journalists from covering contentious issues or events where their reporting may conflict with the interests of authorities.
On January 10, 2024, Brandi Morin, acclaimed Indigenous journalist, was criminally charged with obstruction for her coverage of a police raid on a homeless encampment in Edmonton. Morin, who has a history of confrontations with law enforcement in pursuit of her work, was arrested alongside Indigenous community members during the police intervention.
"I go around everywhere across Canada and the world and never get charged like this, but here, in my own land, I got charged," Morin tells Women Press Freedom.
After national and international outrage, and condemnation on behalf of Women Press Freedom and fellow media freedom organizations, the charges against Morin were finally dropped. On March 1, 2024, the day Morin’s lawyer was due to enter the journalist’s not-guilty plea in court, the Edmonton prosecutor finally withdrew the criminal obstruction charge.
Morin, who was reporting on assignment for Ricochet Media, was arrested after she refused to leave the exclusion zone marked by police with yellow tape. She asserted her need as a journalist to witness the events and continued to film as the police intervened. Morin described the scene as "violent" and says she was forcibly removed by an officer despite presenting herself as a journalist and providing identification.
"They told me they knew who I was. 'You are Brandi Morin, I know you,’" Morin says. "They knew I am a journalist. They had also seen me the day before. It was the same police."
Despite Morin's press status, she was handcuffed by police. “Leave me alone,” I said,” Morin recalls as the situation escalated.
The journalist was taken into custody by Edmonton police and charged. Morin, who sustained a minor wrist injury during the arrest, spent an unusually extended five hours in a cell in substandard conditions.
"Complete bare concrete. Cold, no heating. Bathrooms are in an open space with video cameras, so you are being watched as you use the bathroom,” Morin describes.
Morin's lawyer, Anwar Jarrah, says Morin's presence at the encampment was justified as she was reporting. “There was a peaceful protest. She was inside the boundary. It appears she wasn't being directly arrested. She was there as the injunction was being carried out," says Jarrah.
The lawyer also noted the unusual length of her detention. He questioned why authorities kept her detained for more than 5 hours for a charge that typically results in a release within 20 minutes to an hour. Speaking to Women Press Freedom, Jarrah suggested that if Morin were not a journalist, she might have been released more promptly.
Andrea Houston, the managing editor of Ricochet, highlighted the concerning nature of Morin's arrest. “It seems as though Brandi was arrested while filming a series of violent arrests that police would rather the public not see. Her footage is also in custody, and we are unable to report fully on today’s events without her participation. This is precisely why the courts have clearly and repeatedly instructed Canadian police forces not to interfere with working journalists covering their actions.”
The encampment takedown occurred during an extreme cold weather warning, with temperatures reaching -32°C with wind chill. "Suddenly, out of nowhere and so quickly, the whole area was surrounded by the police,” recalls Morin. “There was yellow tape everywhere.”
She expressed alarm at the sudden police presence and the use of force. "This police behavior has started to be a norm. Trying to make it the status. Why is it so aggressive? These are vulnerable people there, community centers, there was a ceremony. I don't know why the force needed to be used.
Morin criticized the dismantling of the camp. "These encampments have been targeted by police since November of last year. It was all indigenous peoples. It's peaceful," Morin told CFWIJ, adding that there were residential school survivors among the group, including an indigenous elder.
Morin’s arrest mirrors that of journalist Amber Bracken at Wet’suwet’en in 2021. The photojournalist was detained for breaching an injunction and later accused of assaulting a guard. Bracken is currently suing the Royal Canadian Mounted Police over the incident.
The Supreme Court of Canada has set clear guidelines for journalistic protections, which Morin undoubtedly meets. The actions of the Edmonton Police Service in this case contravene these principles and the established law, including the precedent-setting Brake decision of the Newfoundland and Labrador Supreme Court and a B.C. Supreme Court. Justin Brake, a reporter who faced charges for entering the Muskrat Falls site to cover a protest in 2016, had all charges against him dismissed in 2020. This court decision reaffirmed the importance of journalists covering significant stories, especially those related to Indigenous issues, and the need for independently reported information. The case underscores the latitude that journalists must be allowed in pursuing their work.
Women Press Freedom welcomes the withdrawal of the charge against Morin, while condemning her arrest, and the fact that this ludicrous charge was ever leveled against her. Journalists are not criminals, they should never be thrown in a cell for hours and criminally charged for doing their jobs. We remain alarmed by the behavior of the Edmonton Police Service toward a member of the press, and demand an immediate end to the persecution of journalists trying to report.
Women Press Freedom is an initiative by The Coalition For Women In Journalism
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help women career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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