[2] In October 2016, Brake was arrested while reporting on water protectors who had forcibly entered Nalcor Energy's work site at Muskrat Falls known as the Lower Churchill Project.
[9] At the hearing, APTN executive director of news Pugliese testified that media should be present at conflicts involving indigenous peoples, with reference to the calls to action of Canada's Truth and Reconciliation Commission.
[10][11] Justice Derek Green's March 28, 2019 decision stated “The evidence from APTN, which I accept, is that Aboriginal communities have been historically under-represented in the Canadian media.”[4][12] The decision referenced both the Charter rights to free expression for journalists and stated the need for reconciliation “places a heightened importance on ensuring that independently-reported information about (A)boriginal issues, including (A)boriginal protests, is available to the extent possible.”[11] Nalcour did not appeal the case to the Supreme Court of Canada.
[13][14][15][16] In September 2019, lawyers for The Crown filed criminal charges of mischief and unlawfully disobeying an order of the court against Brake.
[23][24][25][26][27][28][29][30] The case drew international attention from the Fahmy Foundation,[31] Reporters without Borders,[32] and was cited as a concern by the Press Freedom Index.