Photo: KTW file

Prosecutors and defence lawyers could not be much further apart in their sentencing positions for a group of anti-pipeline protesters who led an assault in 2021 on a Trans Mountain worksite in the North Thompson.

Four Tiny House Warriors are awaiting sentencing following convictions stemming from a Sept. 15, 2021, incident in Blue River. The Crown wants each of them jailed, but defence lawyers are seeking much more lenient sentences.

Nicole Manuel, Isha Jules, Tricia Charlie and Sami Nasir were convicted last year on charges of mischief over $5,000, mischief under $5,000, causing a disturbance and loitering in a public place. Manuel, Charlie and Nasir were convicted of additional charges of resisting or obstructing a peace officer, while Jules and Nasir were convicted on counts of assault causing bodily harm and simple assault. Nasir was convicted of one additional charge of assault with a weapon.

The group threw rocks at security and work crews while blocking access to the Trans Mountain site. Court heard the damage cost more than $79,000 to repair — including about $65,000 in damage to a solar energy system.

Manuel and Jules were described in court as the aggressors.

House arrest, probation sought

The Crown is looking for jail time for each of the four Tiny House Warriors — 374 days for Manuel, 360 days for Jules, 8.5 months for Nasir and about six months for Charlie.

Lawyers representing Manuel and Jules suggested house arrest — a year for Manuel and seven to 10 months for Jules. Nasir and Charlie are seeking conditional discharges, meaning the convictions would not show up on their criminal records if they complete a period of probation without incident.

Joe Killoran, who is representing Manuel, said groups like the Tiny House Warriors play an important role in Canadian democracy by shining a light on injustices, giving the example of what he called Ottawa’s “facade of Indigenous consent” for the Trans Mountain expansion.

“If we want to talk about how a democracy stays healthy and vital, it is with organizations like the Tiny House Warriors who, though in this case have been convicted of criminal offences, are a lot more than that,” Killoran said.

"On the whole, the Tiny House Warriors contribute a lot to this democracy, not withstanding that in this case they are being sentenced for criminal offences.”

'Never our strategy'

Manuel was described in court as one of the leaders of the Tiny House Warriors. She and her sister, Kanahus Manuel, who also goes by Amanda Soper, are prominent members of the group and both have been politically active for decades.

They are the daughters of former Neskonlith Chief Arthur Manuel. In recent years, they have been in and out of court on charges relating to their activism against the Trans Mountain project.

The Tiny House Warriors formed in opposition to the pipeline expansion, which was deemed complete last year.

Speaking in court on Tuesday, Manuel said the Blue River area was historically part of Neskonlith territory.

“It has led me to get criminal charges, although that was never our strategy to go into the courts that way,” she said. "We always wanted to take it to litigation of title and rights.”

Manuel said her father, who died in 2017, did not want his daughters to go to jail over the pipeline.

“He made us promise when he was still alive that we would not get arrested over Trans Mountain — and we said yes, we won’t get arrested, because we had our strategy,” she said.

A date for sentencing will be set on Feb. 20 in Kamloops provincial court. None of the protesters are in custody.