Western Standard Senior Columnist Cory Morgan is challenging the constitutionality of a Siksika Nation trespass bylaw after he was ticketed for filming and publishing videos about conditions on the reserve.The Justice Centre for Constitutional Freedoms said Friday its lawyers filed a Charter application in the Alberta Court of Justice on Morgan’s behalf.The application argues the Siksika Nation Trespass By-law violates Section 7 of the Canadian Charter of Rights and Freedoms because it allows people to be convicted and potentially jailed for trespassing without notice they are unwelcome and without proof of intent or wrongdoing.Morgan is facing two trespassing charges tied to videos published March 15 and 16, 2025. The videos documented housing shortages, infrastructure concerns, poverty and crime in and around Siksika Nation.The footage included areas filmed from public roads and marked public sites, including historical landmarks and a cemetery.According to the application, Morgan was never given a verbal or written warning that he was prohibited from entering any of the locations shown in the videos. It also says no signage indicated the areas were restricted or closed to the public.After the videos circulated online and sparked public discussion, Siksika Nation Protective Services issued Morgan two $1,000 trespassing tickets on April 9, 2025.The application says the Siksika bylaw differs significantly from provincial trespass laws across Canada because it allows 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 the case raises significant Charter issues..“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,” said Fleury.“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.”Morgan’s trial is scheduled for June 30, at the Alberta Court of Justice in Siksika.
