Documenting difficult truths
In March 2025, Calgary-based author, journalist, and political commentator Cory Morgan visited Siksika Nation to document conditions on the reserve. During his visit, he filmed a narrated video tour highlighting issues including housing shortages, limited access to clean water, crime, and poverty.
Mr. Morgan, a columnist with the Western Standard and widely followed online, filmed entirely from public roads and publicly accessible locations, including Sun College, historical landmarks, and a cemetery. Siksika Nation’s own trespass bylaw stated that “[a] Person travelling on a public road on or through the Reserve” had the right to access such areas.
After the video was published, it attracted tens of thousands of views and generated both praise and criticism.
Trespass tickets followed public criticism
On April 9, 2025, Siksika Nation Protective Services issued Mr. Morgan two $1,000 trespass tickets after his video began circulating widely online.
Lawyers funded by the Justice Centre challenged the tickets, arguing that Mr. Morgan had not violated Siksika Nation’s trespass bylaw. Instead, they argued that the tickets appeared to have been issued in response to his public criticism of conditions on the reserve, 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,” stated 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.”
Mr. Morgan remained 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.”
Constitutional challenge questioned the bylaw itself
As the case progressed, lawyers funded by the Justice Centre broadened their challenge beyond the tickets themselves.
On May 29, 2026, they filed a constitutional challenge arguing that Siksika Nation’s Trespass By-law violated section 7 of the Canadian Charter of Rights and Freedoms. The application argued that the bylaw allowed people to be convicted and even imprisoned without requiring proof that they knew they were trespassing, had received notice that they were prohibited from entering, or intended to commit any wrongdoing.
According to the court application, Mr. Morgan had never received any verbal or written warning that he was prohibited from entering the locations shown in his videos, nor were there signs indicating the areas were restricted or closed to the public.
The application further argued that the bylaw differed significantly from provincial trespass legislation across Canada because it permitted 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.”
Trial examined free expression and due process
The case proceeded to trial before the Alberta Court of Justice in Siksika on June 30, 2026.
Lawyers funded by the Justice Centre argued that imposing trespass penalties without providing notice violated principles of fundamental justice protected by section 7 of the Canadian Charter of Rights and Freedoms. They also argued that section 2(b) protected 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.
Decision reserved
Following the conclusion of the trial, the Alberta Court of Justice reserved its decision.
