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CALGARY, AB: The Justice Centre for Constitutional Freedoms announces that lawyers funded by the Justice Centre have filed a Charter application on behalf of Calgary-based journalist and political commentator Cory Morgan, challenging the constitutionality of Siksika Nation’s trespass bylaw after he was issued two trespassing tickets for filming and publishing commentary about conditions on the reserve.
The application, filed in the Alberta Court of Justice, argues that Siksika Nation’s Trespass By-law violates section 7 of the Canadian Charter of Rights and Freedoms because it allows people to be convicted and even jailed for trespassing without any notice that they are unwelcome and without proof of intent of wrongdoing. The application also argues that the bylaw is overbroad and unconstitutional.
Mr. Morgan faces two trespassing charges related to videos published on March 15 and 16, 2025, documenting conditions in and around Siksika Nation, including housing shortages, infrastructure concerns, poverty, and crime. The footage includes scenes filmed from public roads and marked public sites, including historical landmarks and a cemetery.
According to the filed application, Mr. Morgan was never given any verbal or written warning that he was prohibited from entering any of the locations shown in the videos. The application further notes that no signage indicated that the areas were restricted or closed to the public.
After the videos circulated online and generated widespread public discussion, Siksika Nation Protective Services issued Mr. Morgan two $1,000 trespassing tickets on April 9, 2025.
The application states that Siksika Nation’s bylaw differs significantly from provincial trespass laws 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.”
The trial remains scheduled for June 30, 2026, at the Alberta Court of Justice in Siksika.
The Justice Centre is Canada’s leading civil liberties organization fighting for 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.