KINGSTON, ON: Ontario declines to prosecute non-Aboriginals but convicts Algonquins for same acts of protest
March 28th, 2008
CPTnet
28 March 2008
KINGSTON, ON: Ontario declines to prosecute non-Aboriginals but convicts Algonquins for same acts of protest against mining on First Nation lands
by Joel Klassen
On 18 March 2008, Frontenac Venture Corporation (FVC) and the Ontario courts declined to prosecute three non-Aboriginal people who committed the same acts of civil disobedience that members the Shabot Obaadjiwan First Nation committed. In contrast to the leniency shown John Hudson, Frank Morrison and David Milne, the courts forced Chief Doreen Davis and war chief Earl Badour of the Shabot Obaadjiwan First Nation to agree not to interfere with Frontenac Ventures Corporation's access to the Robertsville mine site. Davis and Badour, additionally face court costs, potentially in the tens of thousands of dollars.
Imprisoned on 15 Feb 2008, Ardoch Algonquin First Nation (AAFN) chief negotiator Bob Lovelace remains in jail, has been told to pay $25,000 fine. Co-chief Paula Sherman, after agreeing to similar conditions to which Davis and Badour agreed, escaped a jail sentence, but still faces a $15,000 fine. AAFN has been fined $10,000. The court was going to try Lovelace on a second contempt charge, but Neil Smitheman, legal counsel for FVC, neglected to take the necessary steps to have Lovelace brought from the Central East Correctional Center. The court thus stayed the contempt proceedings until 2 June 2008.
Meanwhile, local anti-mining activists Rev. John Hudson and Frank Morrison, who refer to themselves as "settlers," facing identical contempt of court charges as the Algonquins, refused to accept any restrictions of their opposition to the proposed mine. Frontenac Ventures nevertheless declined to proceed against them. Hudson is a retired United Church minister and a member of CPT. When fellow CPTer David Milne agreed, as the Shabot Obaadjiwan members Davis and Badour did, not to interfere with FVC’s work, Frontenac dropped further proceedings against him, but continues to pursue cases against Davis and Badour for court costs and damages.
Hudson said, “This feels like a hollow victory because I was unable to voice my concerns, and it was obvious that the treatment of non-Aboriginals (settlers) was very different from that of the Algonquin leadership."
In a related matter, five settlers appeared on contempt of court proceedings for having been present at the Robertsville gate on Sunday, 16 March. The judge agreed to put their cases over until 2 June because FVC was not prepared to proceed.
Before court began, about two hundred people rallied to support all the accused. Co-chief Paula Sherman of the Ardoch Algonquin said “This is a political problem, and it needs to be resolved at the political level. The courts cannot deal with this issue.”
With so many people gathered, not all could enter court. CPTers Joel Klassen and Murray Lumley joined forty people who walked to Minister of the Environment John Gerretsen's office, and the neighbouring office of Speaker of the House of Commons, Peter Milliken. They delivered letters calling on their governmental representatives to assume their Constitutional responsibilities and consult with the Algonquin First Nations over the use of lands to which they have a legal claim.
28 March 2008
KINGSTON, ON: Ontario declines to prosecute non-Aboriginals but convicts Algonquins for same acts of protest against mining on First Nation lands
by Joel Klassen
On 18 March 2008, Frontenac Venture Corporation (FVC) and the Ontario courts declined to prosecute three non-Aboriginal people who committed the same acts of civil disobedience that members the Shabot Obaadjiwan First Nation committed. In contrast to the leniency shown John Hudson, Frank Morrison and David Milne, the courts forced Chief Doreen Davis and war chief Earl Badour of the Shabot Obaadjiwan First Nation to agree not to interfere with Frontenac Ventures Corporation's access to the Robertsville mine site. Davis and Badour, additionally face court costs, potentially in the tens of thousands of dollars.
Imprisoned on 15 Feb 2008, Ardoch Algonquin First Nation (AAFN) chief negotiator Bob Lovelace remains in jail, has been told to pay $25,000 fine. Co-chief Paula Sherman, after agreeing to similar conditions to which Davis and Badour agreed, escaped a jail sentence, but still faces a $15,000 fine. AAFN has been fined $10,000. The court was going to try Lovelace on a second contempt charge, but Neil Smitheman, legal counsel for FVC, neglected to take the necessary steps to have Lovelace brought from the Central East Correctional Center. The court thus stayed the contempt proceedings until 2 June 2008.
Meanwhile, local anti-mining activists Rev. John Hudson and Frank Morrison, who refer to themselves as "settlers," facing identical contempt of court charges as the Algonquins, refused to accept any restrictions of their opposition to the proposed mine. Frontenac Ventures nevertheless declined to proceed against them. Hudson is a retired United Church minister and a member of CPT. When fellow CPTer David Milne agreed, as the Shabot Obaadjiwan members Davis and Badour did, not to interfere with FVC’s work, Frontenac dropped further proceedings against him, but continues to pursue cases against Davis and Badour for court costs and damages.
Hudson said, “This feels like a hollow victory because I was unable to voice my concerns, and it was obvious that the treatment of non-Aboriginals (settlers) was very different from that of the Algonquin leadership."
In a related matter, five settlers appeared on contempt of court proceedings for having been present at the Robertsville gate on Sunday, 16 March. The judge agreed to put their cases over until 2 June because FVC was not prepared to proceed.
Before court began, about two hundred people rallied to support all the accused. Co-chief Paula Sherman of the Ardoch Algonquin said “This is a political problem, and it needs to be resolved at the political level. The courts cannot deal with this issue.”
With so many people gathered, not all could enter court. CPTers Joel Klassen and Murray Lumley joined forty people who walked to Minister of the Environment John Gerretsen's office, and the neighbouring office of Speaker of the House of Commons, Peter Milliken. They delivered letters calling on their governmental representatives to assume their Constitutional responsibilities and consult with the Algonquin First Nations over the use of lands to which they have a legal claim.