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Court to hear journalist Cory Morgan’s challenge to Siksika Nation trespass tickets and bylaw

4 months ago 85

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Mr. Morgan is a popular Calgary-based journalist and political commentator who covers Alberta affairs. In March 2025, he published a short documentary videocommenting on living conditions on the Siksika Nation and broader issues related to the reserve system.

The video was filmed entirely from public roads and publicly accessible locations. There was no signage indicating restricted access, and Mr. Morgan was never personally notified that he was prohibited from entering the area. However, after the video was published, Siksika Nation officials publicly criticized Mr. Morgan’s commentary and subsequently issued two trespass tickets under the Nation’s bylaw.

Mr. Morgan said, “This case presents an important opportunity to affirm that journalists and commentators cannot be punished simply for documenting realities and expressing lawful opinions in public spaces.”

Lawyers will argue that the Siksika Nation bylaw’s failure to require notice before issuing trespass penalties violates fundamental principles of fairness and due process protected by the Charter. They will also argue that freedom of expression under section 2(b) of the Charter, which protects freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication, protects Mr. Morgan’s right to film and publish commentary on matters of public interest.

Constitutional lawyer Chris Fleury said, “This case raises important questions about whether trespass bylaws can be enforced in what appear to be public areas where no notice of any kind is given to the alleged trespasser.”

“Enforcement of this by-law is arbitrary, unconstitutional, and in Mr. Morgan’s case appears to be retribution for the expression of his opinions about the reserve system,” he added.

The trial is scheduled for June 30, 2026, at the Alberta Court of Justice in Siksika.

For media inquiries, please contact [email protected].

Canadian Constitution Foundation——

The Canadian Constitution Foundation (CCF) is a registered charity, independent and non-partisan. We defend the constitutional rights and freedoms of Canadians in the courts of law and public opinion.

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