Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
42027
Jocelyn Pierre, et al. v. His Majesty the King
(British Columbia) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-04-07 | Close file on Leave | |
| 2026-04-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-04-02 | Judgment on leave sent to the parties | |
| 2026-04-02 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA49081 and CA49102, 2025 BCCA 252, dated July 18, 2025, is dismissed. Dismissed |
|
| 2026-02-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-11-10 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-11-13, (Printed version filed on 2025-11-13) | Jocelyn Pierre |
| 2025-10-30 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-10-30) | His Majesty the King |
| 2025-10-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-10-31, (Printed version filed on 2025-10-30) | His Majesty the King |
| 2025-10-01 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened | |
| 2025-09-29 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-10-03) | Jocelyn Pierre |
| 2025-09-29 | Application for leave to appeal, (Book Form), Completed on: 2025-10-07, (Printed version filed on 2025-10-03) | Jocelyn Pierre |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Pierre, Jocelyn | Applicant | Active |
| Thomas, April | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Pierre, Jocelyn
Counsel
Jessica Wegg
2547 Prior Street
Victoria, British Columbia
V8T 3X5
Telephone: (250) 882-9302
FAX: (236) 470-4276
Email: ben@isitt.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Thomas, April
Counsel
2547 Prior Street
Victoria, British Columbia
V8T 3X5
Telephone: (250) 882-9302
FAX: (236) 470-4276
Email: ben@isitt.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: His Majesty the King
Counsel
Maegan Richards
Criminal Appeals and Special Prosecutions
3rd Floor, 940 Blanshard Street
Victoria, British Columbia
V8W 3E6
Telephone: (778) 974-5156
FAX: (250) 387-4262
Email: lesley.ruzicka@gov.bc.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Summary
Keywords
Constitutional law — Courts — Indigenous law — Criminal law — Defences — Whether colour-of-right defence available for contempt of court if accused breaches injunction but acted with honest belief of being bound to uphold Indigenous law — Whether dismissing colour-of-right defence was inconsistent with Constitution Act, 1982 and reconciliatory jurisprudence respecting Indigenous persons — Constitution Act, 1982, s. 35.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Ms. Pierre and Ms. Thomas breached an injunction that prohibited obstructing, impeding or interfering with Trans Mountain Pipeline ULC’s operations at its work locations. On October 15, 2020, they were part of a group of protestors who entered a work site protected by the injunction. Ms. Pierre zap-strapped herself to a bulldozer. Ms. Thomas sat on the bulldozer and climbed onto an excavator. Both were convicted on charges of criminal contempt. The Court of Appeal dismissed appeals from the convictions.
Lower court rulings
Application to quash subpoenas granted
Convictions for contempt of court
Appeals dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available