In Canada, a pattern of police intimidation of journalists is emerging | Freedom of the press


On the morning of April 15, I headed to a Scotiabank branch in downtown Montreal to cover a pro-Palestine protest. Activists chose the location because of the Canadian bank's investments in Israeli defense company Elbit Systems. I watched as protesters blocked the bank's ATMs and teller booths and called the police.

Police officers showed up in riot gear. When it was announced that the activists were going to be arrested, I did not expect to be included with them.

Despite identifying myself as a journalist on numerous occasions and showing the agents my press pass, I was detained along with the 44 activists I covered. It was inside the bank where I was processed and finally released after hours of being detained.

Now I can face criminal charges for doing my job. The mischief charges I face carry a maximum prison sentence of two years and a fine of up to C$5,000 ($3,600). I could also be restricted from leaving the country.

The Canadian police can only suggest charges, so the prosecution has to decide whether to charge me or not. This process alone can take anywhere from a few months to a year.

I am the second journalist arrested in Canada while on assignment since early 2024.

In January, journalist Brandi Morin was arrested and charged with obstruction in the province of Alberta while covering a police raid on a homeless camp where many of the campers were Indigenous. It took two months of pressure for the police to drop the charges against her.

In recent years, a pattern of arrests has emerged, with police specifically targeting journalists who work on a freelance basis or at smaller outlets. Many of these journalists have been covering indigenous-led protests or blockades. They often claim that the media workers they persecute “don't look like journalists.”

Canadian police continue to use detention to silence and intimidate us despite our right to freedom of expression under the Canadian Charter of Rights and Freedoms. To specify, under section two of the charter, Canadians' rights to freedom of thought, belief and expression are protected. The letter identifies the media as a vital means of transmitting thoughts and ideas, protecting the right of journalists and the media to speak.

Additionally, a 2019 ruling by a Canadian court reaffirmed the protection of journalists from being included in injunctions in situations where they are carrying out their professional duties.

The court decision was made in the case of journalist Justin Brake, who was arrested in 2016 while documenting protests led by Indigenous land defenders at the site of the Muskrat Falls hydroelectric project in Newfoundland and Labrador. Brake faced criminal charges of mischief and disobeying a court order for following protesters to the scene, as well as civil contempt proceedings.

Despite Brake's victory in the court case, journalists have still been included in the injunctions. In 2021, another high-profile arrest of two Canadian journalists occurred in Western Canada. Amber Bracken and Michael Toledano were documenting Indigenous land defenders protecting Wet'suwet'en territory near Houston, British Columbia, from the construction of the Coastal GasLink pipeline when they were arrested.

The Royal Canadian Mounted Police detained them for three days until they were released. In an interview, Toledano said he and Bracken were locked in cells with the lights on 24 hours a day, fed minimally and without access to toothbrushes or soap. “They gave us punitive prison treatment,” Toledano explained. They faced civil contempt charges that were dropped a month later.

Although I was aware of these cases, had analyzed numerous press freedom violations in Canada in recent years, and had researched the different ways in which journalists can be harassed or intimidated, nothing prepared me for the experience. Since I was arrested, I haven't had the same sense of security that I used to have. The stress, feeling like I'm being watched at all times, and waiting to see if charges are filed has taken a mental toll on me. This is not only exhausting but it distracts me from the important and essential work I do as a journalist.

However, I have also received a lot of support. It has been really comforting to have Canadian and international journalists support me after my arrest. The solidarity of journalists in such cases is crucial. If even one journalist is arrested, it means that none of us are safe and press freedom is not safe.

I know that I did nothing wrong and that the charges against me are unfair. Being arrested will not deter me from covering blockades, indigenous-led protests, or other demonstrations. However, I am concerned about how my arrest could deter other journalists from reporting on these issues or working for independent media.

I have been covering pro-Palestinian activism in Montreal for eight years, and more intensely during the last eight months due to the war in Gaza. For years I have been one of the few journalists at these protests and often the only one covering these actions.

The public needs to see what is happening in these actions, whether they are pro-Palestine demonstrations opposing Canada's role in Palestine or indigenous land defenders opposing construction on their territory.

Regardless of their views on the matter, the Canadian public has the right to know why their fellow citizens are protesting and whether they face police abuse. The presence of a journalist can sometimes be the only guarantee that the police and institutions are held accountable in case of excesses.

However, there is a clear lack of political will among officials to protect journalists and ensure they can do their jobs undisturbed. Montreal Mayor Valerie Plante did not report my arrest or urge the police to drop my charges. Instead, when asked for comment about my arrest, her office stated that press freedom is important and that they will allow the police to carry out their investigation.

Only one city councilor wrote to the mayor's office urging that my arrest be reported. Local politicians have also remained silent about the arrests of other journalists, with few exceptions.

The comment from the mayor's office reflects the attitude of most politicians in Canada, who otherwise readily declare their respect for freedom of expression.

On May 3, World Press Freedom Day, Canadian Prime Minister Justin Trudeau issued a statement saying that “journalists are the foundation of our democracy.” However, he never took a stand to defend Morin, Brake, Bracken, Toledano and many others who were arrested while on a mission. He, like many other politicians, falls short in words and actions.

Until concrete steps are taken to prevent law enforcement officials from intimidating or silencing journalists through arrests, press freedom will continue to be at risk in Canada. Journalists must be protected and their recognized rights must not be ignored when discussing certain topics. If journalists continue to be intimidated from doing their jobs, then the public risks remaining in the dark about important events and developments.

The views expressed in this article are those of the author and do not necessarily reflect the editorial position of Al Jazeera.

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