An Alberta judge has declined to hear journalist Cory Morgan’s Charter challenge against Siksika Nation’s trespass bylaw, ruling the Alberta Court of Justice does not have jurisdiction to decide whether the bylaw is constitutional.Morgan, a Calgary journalist and Western Standard columnist, faces two $1,000 trespass tickets stemming from a March 2025 reporting trip to Siksika Nation.The Justice Centre for Constitutional Freedoms, which is funding Morgan’s lawyers, said the ruling by Justice Karen Crowshoe leaves the constitutional issue unresolved.Morgan’s lawyers said they intend to continue challenging the bylaw despite the court’s decision not to hear the constitutional application.The case stems from Morgan’s reporting on housing conditions, access to clean water, crime and poverty at Siksika Nation.Morgan filmed a video while travelling on public roads and visiting publicly accessible locations, including historical landmarks and a cemetery, according to the Justice Centre. The resulting report was later published online.The Justice Centre said Morgan did not receive personal notice that he was prohibited from entering Siksika Nation and did not encounter posted signs warning that access was restricted.Siksika Nation Protective Services issued Morgan two $1,000 trespass tickets on April 9, 2025, after his report was published..Morgan’s lawyers challenged a provision of Siksika Nation’s trespass bylaw that they say allows someone to be found guilty without requiring proof the person had been notified that entry was prohibited.The constitutional application argued the provision violates Section 7 of the Canadian Charter of Rights and Freedoms, which protects life, liberty and security of the person.Lawyers funded by the Justice Centre argued the bylaw violates principles of fundamental justice because a person could be convicted and potentially imprisoned without having received notice that they were trespassing and without proof of fault.They also argued the provision is overbroad.Crowshoe ruled the Alberta Court of Justice lacks jurisdiction to determine the constitutionality of the Siksika bylaw, leaving Morgan’s challenge undecided.The underlying prosecution over the two trespass tickets is continuing.The court heard evidence Tuesday from the Siksika bylaw officer who issued the tickets. Constitutional lawyer Chris Fleury cross-examined the officer before the prosecution closed its case.Morgan did not testify and the defence called no witnesses. Both sides have now rested their cases.The prosecution is scheduled to file written closing arguments Oct. 16, with the defence expected to respond Oct. 30.Crowshoe is scheduled to deliver her verdict on the two trespass charges Nov. 27. The parties are expected to appear remotely for the decision.
