Fairy Creek Emails show B.C. government treats media differently when their policies are questioned
Words and photos by Camilo Ruiz
These documents were received as part of a Freedom of Information request for emails pertaining to Fairy Creek, from the offices of the Premier and the Solicitor General. One of the earliest emails contains an Information Briefing Note prepared by Glen Lewis, Associate Director of Policing, Policing Services Branch. The document specifies “Journalists from recognized media outlets” should be granted access to the injunction area. Which begs the question, recognized by whom?
May 17 2021 Briefing Note
The note was created May 17th, 2021. This was the day that RCMP visited ‘Caycuse’, one of many camps within the broader Fairy Creek blockade. They informed the group that the access road was restricted, everyone was free to leave but no one would be allowed in—enforcement would begin the next morning.
May 17th. Division Liaison Team officers visit Caycuse Camp. Camilo Ruiz.
The following day, the RCMP let in a cadre of journalists from major Canadian outlets. These journalists were given an area they had to stay within and if they crossed this arbitrary line they would be arrested. In fact, the RCMP were clear that everyone beyond this line was subject to arrest.
Behind that line, risking arrest, were myself, about four other journalists and a lawyer. We decided to stay next to the protesters that were blocking the road. One of us was writing for Ricochet another working on a documentary and I had just started my newsletter. In the RCMP designated media zone, about thirty metres away, were CBC, Global, etc.
Media behind the exclusion zone, RCMP about to make the first arrest of the blockade. Camilo Ruiz.
Immediately after the first arrest, we had no idea if the RCMP would arrest us as well, so we moved to the second blockade. We got our photos as the RCMP arrived, with the media behind them, then we moved down the road.
By the third blockade one of the CBC journalists came up to us and remarked how we were able to walk freely and the RCMP weren’t arresting us. The veil had been lifted. The mainstream journalists and us were all mingled on the side of the road. We were close enough to the extraction to be effective in our duties, except the RCMP in response held a tarp over their work area blocking everyone’s view.
This level of access would not happen again. In the following days, not a single journalist was able to report on the extraction of tree-sitters behind Caycuse camp. A consortium of media outlets, with support from the Canadian Association of Journalists, launched a lawsuit challenging the use of exclusion zones at Fairy Creek. This included The Narwhal, Ricochet, National Observer, Capital Daily and APTN. During this period the RCMP lied to journalists about whether enforcement was taking place. They also falsely stated that police were using ‘sensitive’ tactics. These statements were corrected in court.
Access was extremely restricted while the case was active. Justice Douglas Thompson heard testimony from CBC reporters being forced to hike nearly 10 kilometres with camera gear, to reach the enforcement action, simply because the RCMP wouldn’t let their vehicle in. Another veteran journalist compared the level of state interference on par with what he experienced reporting in China. Meanwhile, for those of us embedded at the front lines, meaningful access was still an impossibility.
On June 17th, one month after enforcement began, this is how the RCMP wrote about the lawsuit in another briefing note:
June 17th 2021 Briefing Note
It’s unclear which specific outlet they are referring to, but their use of the word ‘alternative’ is the most telling. It’s also inaccurate. APTN has been operating since 1992, and is one of the few outlets that broadcasts nationally. Capital Daily is a very popular, hyper-local online media outlet covering Victoria, BC. CAJ is the national association advocating for Journalists in Canada, and The Narwhal is an award-wining online outlet. The only factor makes these alternative, is that they are challenging the RCMP.
July 21, 2021. One of the violent arrests at Waterfall Camp. Camilo Ruiz.
When I received these emails, I asked the Premier’s office for comment. This was around the time that Premier Horgan and Solicitor General Mike Farnworth were passing the buck, refusing to say who was in charge of the police. I attempted to get a definition for the capacity of the first document. Were they recommendations, orders or guidelines? The response I got in return was, “are you with media?” This is how the rest of the conversation went.
“I’m a freelancer.”
“This avenue is for accredited media only” they replied.
“If you’re aware of a body that accredits journalists, I am all ears.”
“Sorry, I am not sure on the accreditation process.”
“That's because there is no accreditation body. I don't think my request is unreasonable, or particularly difficult. It shouldn't make a difference whether I'm on assignment or working independently. If you have a definition for 'accredited media' that would certainly clear things up. I look forward to your response.”
They did not respond.
This type of exchange happens on the ground as well. The phrases are different, it’s ‘where’s your press pass?’ instead of ‘accredited media only.’ The effect of this behaviour is the same: it obfuscates. In the field you can wear a badge identifying yourself and the outlet you are working for. You can possess a letter of assignment, proving that you are working journalistically. While these are aids, they don’t necessarily guarantee our rights as media. They exist only to satisfy the knee-jerk response of the state and even that may not be enough, see Amber Bracken’s arrest in late 2021.
The reason I’m focusing on the state’s language and treatment of journalists, is because the situation is getting bleaker. Despite the Civilian Review and Complain Commission’s recommendations, which are not enforceable, the RCMP have not changed their tactics. It is not unique to the RCMP either. Most recently Brandi Morin was arrested while reporting on a decampment, by the Edmonton Police Service.
If we assume ‘accredited media’ to mean only those employed by the standard-bearers of national news coverage, then their numbers are rapidly decreasing:
Bell to cut 4.8K jobs, sell 45 radio stations in major shake-up
CBC, Radio-Canada to cut roughly 10% of workforce
The only people to benefit from these layoffs are those entrenched in power.
As it stands, the government and its agents decide on a whim who is legitimate or not. In practice it isn’t even a reflection of an explicit policy. If an officer or communications staffer doesn’t like the questions a reporter is asking, they can gatekeep their access. With a shrinking pool of journalists, the state will continue to deflect and ignore requests for access or comment. What used to be the voice of the commons has become a whisper.