SIKSIKA, AB: The Justice Centre for Constitutional Freedoms announces that the Alberta Court of Justice has declined to hear journalist Cory Morgan’s Charter challenge to Siksika Nation’s trespass bylaw, ruling that it lacks jurisdiction to determine the bylaw’s constitutionality. Mr. Morgan faces two trespass tickets totalling $2,000 after filming and publishing a video online about living conditions on the reserve.
Justice Karen Crowshoe’s ruling leaves the constitutional challenge unresolved. The Court declined to consider whether the bylaw violates the Charter, but the trial on Mr. Morgan’s two trespass charges proceeded. Lawyers funded by the Justice Centre have stated that Mr. Morgan is not abandoning his constitutional challenge despite the Court’s refusal to hear it.
The case arose from Mr. Morgan’s reporting in March 2025 on housing conditions, limited access to clean water, crime, and poverty at Siksika Nation. A Calgary-based journalist and columnist with the Western Standard, Mr. Morgan filmed from public roads and publicly accessible locations, including historical landmarks and a cemetery.
It is undisputed that Mr. Morgan received no personal notice or warning through posted signage that access was restricted or that he was unwelcome on the reserve. After his reporting circulated online, Siksika Nation Protective Services issued him two $1,000 trespass tickets on April 9, 2025.
Siksika Nation’s trespass bylaw permits a finding of guilt without requiring notice that entry is prohibited. Lawyers funded by the Justice Centre challenged this provision under section 7 of the Canadian Charter of Rights and Freedoms, which protects the rights to life, liberty, and security of the person.
The constitutional application argues that the bylaw violates principles of fundamental justice by allowing a person to be convicted and potentially imprisoned without notice that they are trespassing and without proof of fault. It also argues that the bylaw is overbroad.
On Tuesday, September 29, 2026, the Court heard evidence from the Siksika bylaw officer who issued the tickets. Constitutional lawyer Chris Fleury cross-examined the officer before the prosecution closed its case. Mr. Morgan did not testify, and the defence called no witnesses. Both sides have now rested their cases.
The prosecution is scheduled to submit written closing arguments on October 16, followed by the defence on October 30. Justice Crowshoe is scheduled to deliver her verdict on the trespass charges on November 27, 2026, when the parties will appear remotely.
The Justice Centre is Canada’s leading civil liberties organization defending Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.
