Documenting difficult truths
In March 2025, Calgary-based author and political commentator Cory Morgan visited Siksika Nation to film a narrated video tour highlighting serious social challenges facing the community, including housing shortages, lack of access to clean water, crime, and poverty.
Mr. Morgan, a columnist with the Western Standard and widely followed online—with more than 68,000 followers on X and nearly 8,000 YouTube subscribers—filmed the video entirely from public roads and marked sites, including Sun College, historical landmarks, and a cemetery. Siksika Nation’s own bylaws confirm that “[a] Person travelling on a public road on or through the Reserve” has the right to access such spaces.
Trespassing tickets raise Charter concerns
After the video was published and began circulating widely online—amassing more than 38,000 views and generating both praise and criticism—Mr. Morgan was served with two $1,000 trespassing tickets by Siksika Nation Protective Services on April 9, 2025.
The Justice Centre is providing lawyers to Mr. Morgan to challenge these tickets in court. His legal team argue that Mr. Morgan did not violate any Siksika Nation bylaws. On the contrary, the tickets appear to have been issued in retaliation for Mr. Morgan’s public criticism of reserve conditions – expression protected by section 2(b) of the Canadian Charter of Rights and Freedoms.
“First Nations are government entities obligated to respect the Charter rights of Canadians,” states constitutional lawyer Marty Moore. “The trespass tickets issued to Mr. Morgan do not appear to be based on his presence on Siksika land, but rather based on opposition to the views expressed in his videos. Mr. Morgan did not violate the trespass bylaw, and these charges appear to be an attempt to limit his Charter rights and freedoms.”
Standing Firm for Press Freedom
Mr. Morgan remains resolute, stating, “I am committed to exposing the conditions on Canadian Indigenous reserves while seeking effective system solutions to the problem. I will not let myself be intimidated by the Siksika band leadership, who appear to be more interested in hiding the realities of conditions on their reserve than improving them for residents.”
Mr. Morgan added, “I am grateful for the support of the Justice Centre in this action to preserve press freedom and rights of mobility.”
Hearing scheduled
A trial has been scheduled for June 30, 2026, at the Alberta Court of Justice in Siksika, where Calgary-based journalist and commentator Cory Morgan will challenge two trespass tickets totalling $2,000 issued to him by Siksika Nation under its trespass bylaw.
Lawyers funded by the Justice Centre will argue that issuing trespass penalties without providing notice violates principles of fairness and due process protected by the Charter. They will also argue that 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.
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.”
Constitutional lawyer Chris Fleury said, “This case raises important questions about whether trespass by-laws 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 bylaw 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.
Constitutional challenge targets Siksika trespass bylaw
On Friday, May 29, 2026, lawyers funded by the Justice Centre filed a constitutional challenge arguing that Siksika Nation’s Trespass By-law violates section 7 of the Canadian Charter of Rights and Freedoms. The application argues that the bylaw permits convictions and even imprisonment without requiring proof that a person knew they were trespassing, received notice that they were unwelcome, or intended to commit any wrongdoing.
According to the court filing, Mr. Morgan was never given any verbal or written warning that he was prohibited from entering the locations shown in his videos. The application further notes that there were no signs indicating that the areas were restricted or closed to the public.
The application argues that the bylaw differs significantly from provincial trespass legislation across Canada because it allows convictions “regardless of whether notice not to Trespass or not to engage in a specified activity was given or received.”
Constitutional lawyer Chris Fleury said, “This case raises important questions about whether trespass by-laws can constitutionally create an absolute liability offence carrying the possibility of imprisonment in what appear to be public areas where no notice of any kind is given to the alleged trespasser.”
Mr. Fleury added, “The application argues that people should not face imprisonment for entering areas that appear open to the public, especially where no signage, warning, or notice has been provided.”
