When police arrested photojournalist Amber Bracken while she was documenting a protest in northern British Columbia, they didn’t just detain a reporter — they set the stage for a major test of press freedom in Canada.

The Narwhal and photojournalist Amber Bracken were in court in January to press their suit against the RCMP over her arrest at a protest in 2021.

Bracken was on assignment for The Narwhal at a standoff in northern British Columbia between the RCMP and Indigenous land defenders who were blockading construction site for the Coastal GasLink pipeline. 

Armed with a court injunction, the RCMP arrested several protesters as well as Bracken who was embedded with them while photographing the confrontation.

Press freedom is acConstitutionally protected right in Canada, Narwhal’s lawyer Sean Hern told the court. Canadian courts have noted the vital role that a free press plays in defending democracy. 

The Narwhal suit is a key test whether police can restrict the media’s right to cover protests and other conflicts when an injunction has been issued against the protesters, the Canadian Association of Journalists said.

“As a result of this case, Bracken has become the de-facto face of the tensions, and press freedom restrictions, frequently imposed on journalists by law enforcement,” the CAJ said in a statement supporting her legal action.

It’s not the first time journalists have had to defend their right to report on conflicts between protesters and police. 

In 2016, journalist Justin Brake was arrested with Indigenous land defenders in Labrador and charged with violating a court order to disband and end the blockade of the Muskrat Falls hydro project. 

The Court of Appeal of Newfoundland and Labrador ruled Brake should not have been included in the injunction. It agreed with intervenor APTN that failing to recognize journalists as independent observers risks impeding the media function, and accepted that the chilling effects are real, significant and should be avoided. 

Brake won WPFC’s 2018 press freedom award for his reporting and legal fight.

Whatever the outcome of The Narwhal suit, the case is being closely watched by journalists, legal experts, and press freedom advocates across the country. Its implications could shape how reporters cover protests, injunctions, and police actions in Canada — and whether journalists can safely observe and document conflicts without fear of arrest.

At press time for this edition of The Dispatch, Bracken’s case continued.