Following his sentencing July 3 for criminal contempt of court, Witsuwit'en Wing Chief Dsta'hyl told supporters outside the Smithers courthouse the fight is not over.
The decision came after a day and a half of sentencing submissions by prosecutors Kathryn Costain and Monique Dull and defence attorney Rebecca McConchie. The Crown argued Dsta'hyl's firmly held beliefs — that he was compelled and duty-bound to engage in the activities he was convicted of to protect the land in the best interest of his people and future generations — did not constitute a mitigating circumstance for the purpose of sentencing.
The defence conceded criminal contempt is inherently serious and did not dispute the aggravating circumstances. She pointed to five days of testimony by hereditary chiefs at trial that proved while his belief he was acting in accordance with Witsuwit'en law did not excuse his actions, it provided the context under which he carried them out and reduced his moral blameworthiness.Her ask was for two years probation plus community service hours.