A T’Sou-ke woman was found guilty Thursday of obstructing Victoria police officers who were trying to arrest another woman believed to have thrown water on Victoria Police Chief Del Manak at an event in front of the legislature three years ago.
Kati George-Jim (xʷ is xʷ čaa, pronounced wis-waa-cha) struggled with officers during her Sept. 18, 2021 arrest.
In court, she had challenged the jurisdiction of the legal system, saying the incident took place on unceded territory.
Judge Lisa Mrozinski spent about an hour Thursday addressing jurisdictional matters, referring to the British North America Act, constitutional provisions and provincial legislation.
But in the end, she found George-Jim guilty of obstruction, saying the evidence failed to demonstrate excessive force on the part of the police.
The Crown prosecutor suggested a suspended sentence, one year’s probation and 30 to 40 hours of community service, noting that George-Jim does not have a criminal record.
However, Mrozinski urged George-Jim to seek legal advice, saying she was entitled to counsel.
The matter was adjourned to give George-Jim, who represented herself in court, time to decide whether to speak to a lawyer.
After the judge left the courtroom, George-Jim spoke to the prosecutor, and a group of about 20 supporters raised their voices briefly before leaving the room.
The charge stemmed from a Sept. 18, 2021 rally outside the legislature calling for justice for Chantel Moore, a member of the Tla-o-qui-aht First Nation near Tofino. Moore, 26, died in 2020 after being shot by police in New Brunswick.
Moore’s mother had invited Manak to attend the event, and the police chief was honoured in a blanket ceremony.
After the event, a woman came up to Manak and poured a liquid over him.
During the trial, Victoria police Const. Cody Lapierre testified he was working at the legislature when he received a description of a suspect in the assault on Manak and approached her group.
Court heard of a chaotic scene after police tried to arrest the suspect. About five people linked arms in a circle around the woman to block police. The officer testified that George-Jim was among that group.
Mrozinski said videos and testimony showed George-Jim, who said she feared for her safety, and struggled with police.
The judge said that she did not doubt there was a significant show of force by police that day. She said George-Jim was combative with police who were attempting to get her under control.
George-Jim testified that she could not breathe for a time and the judge said she accepted that at times she found it difficult to breathe.
But the evidence falls short of demonstrating excessive force by police, Mrozinski said.
