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Solidarity - Support Our Warrior Ron Plain... Donate to help pay his fine for standing up for our rights

DERRICK ON AUGUST 2ND, 2013

As a Spokesperson for an Idle No More Action, started by the Chief of Aamjiwnaang, I was fined over 16,000.00 this week. I was the only person held in contempt.

DONATE TO THE RON PLAIN FINE

Jim Feeny, a spokesperson for CN said CN will donate the court award to the native community in Sarnia

Ron Pain is the only protester in the Idle no More movement to be charged for protesting. He has been fined ......... by a judge who use to work for CN railroad. We need to support our warriors that are on the front line.fighting for our people.

On Friday the 21st of December 2012 people from Aamjiwnaang decided to Block a section of railroad tracks that run through Aamjiwnaang. I was told by those present that it was Aamjiwnaang Chief Chris Plain, a couple of Councillors and a group of Aamjiwnaang Citizens.

IDLE NO MORE was just blasting off and a Chief from the northern community of Attiwapiskat was capturing national news. It was a bitter day, the 21st, snow and sleet made the highways treacherous and there was a callout for as many First Nation people as can get to Ottawa to show support for INM and Chief Spence.

I was told, as again I was not there the 21st, that the Blockade was up to show support for Chief Spence and her Treaty infractions statements. However the word was that the blockade was up until the buses returned our citizens home safe from Ottawa.

Canadian National Railroad, (CN), contacted Their Judge at 6:15 in the evening regarding the blockade and asked for an Ex parte Injunction to have the tracks cleared and business to continue. At 10:30ish that evening Judge David Brown granted the Injunction. (An important side note here is Judge David Brown was a former Lawyer for CN and in fact had testified in a US hearing for CN. He discloses this in a hearing called Holmes yet didn't think it pertinent to this case)

Now Im not a Lawyer, although I have several good people helping with my legal affairs, but shouldn't CN have to prove they have a right of way access to be on Aamjiwnaang territory? They didn't have to prove anything and the injunction was issued at 10:30pm (ish), on Friday the 21st of December. There as a clause in the injunction that stated that if Aamjiwnaang wanted to contest the injunction they would have to have someone represent them in a Toronto, not Sarnia, court on the 27th of December. The injunction was served at or about 10:30 in the morning at the blockade.

It was decided by those who started the blockade that it would remain up until the buses returned however those who manned the blockade decided, based on past experience, to leave it up.

The injunction was served by CN Police to those present. ( I would be remiss if I didnt ask a couple questions of you now...Does Walmart have a FEDERALLY Sanctioned Police Force? Does McDonalds? Of course not...Why then does CN, a private corporation no different than any other corporation in Canada?) (I have to also mention that the CN Security has a 1 km swath of jurisdiction beside every railroad track in Canada) Their jurisdiction trumps that of the RCMP!

It is now Saturday the 22nd of December. Its bitterly cold out. I arrive at the blockade around 11:00 in the morning and was shown the Injunction. It stated that the blockade needs to be removed from mile marker whatever of CN's St Clair Spur Line. A line that cuts right through the heart of Aamjiwnaang.

Years before, you will recall the Assembly of First Nations called for a "National Day of Action". They asked us to block highways and

railroads. Ogitchidaa Shawn Brant of Tyendinaga took the bold step of blocking the busiest rail corridor in Canada. There was much fan fare and pride displayed at the action of Shawn and the other Warriors of that FINE Haudenosaunee community. They blocked the tracks for 24 hours. (a side note is that Shawn was Thrown Under the Train by the AFN, Much respects Shawn Brant, not Atleo)

That day my cousins and I set up the Wiingushk Drum on CN's St Clair Spur Line and blocked the tracks. I was told an Injunction was issued before dinner to have us removed. I guess you can inconvenience thousands of people in Tyendinaga but not a single track that feeds Sarnia's Chemical Valley for a day. As we were removing the drum from the tracks and miscellaneous other blockade items our Chief came by. He informed us of the injunction and said, "Next time you guys want to block a track use the Williams Drive crossing, there is no permit on that crossing". (Chris denies saying this but I will leave judgement of character to you).

It is Saturday the 22nd of December and we are reading the injunction. "Well, lets move it to Williams Drive" I say, citing the Chiefs words. A citizen of Aamjiwnaang took the Injunction to Band Lawyer, Ron Rowcliffe, and he took a copy. He stated, second hand information here but VERY reliable, that Aamjiwnaang would have to have someone represent Aamjiwnaang, and Chief Chris Plain in particular as he is named on the injunction in Toronto the 27th.

Lets take a step back for a moment and do the calendar of events so far. The injunction is applied for 15 minutes after the close of business on the Friday before Christmas. The next Business day is the 24th but Aamjiwnaang Administration has closed for Christmas. "IF" they had taken a progressive step and had someone represent in Toronto on the 27th they would of had only a day, Christmas eve mind you, to find someone, brief them and get their opinion on how to proceed. Tuesday is Christmas, Wednesday is Boxing Day, (a national holiday for my American friends), and Thursday at 10 I am to appear in court. Now I may be a tad biased here but this all seems tilted in favour of CN.

So we moved the Blockade to Williams Drive and I witnessed things that will forever fill me with pride for my community and friends of our community. 20 to 50 people were present at the Blockade. Members of Parliament, from Guelph not Sarnia, Senior Representatives of the Canadian Auto Workers, Teachers, Librarians, Grand Mothers and Grand Fathers, Chiefs and Councillors from other communities, I mean it was a FREEZING happening place.

The picture is from Christmas Eve. We had strangers drop off gifts, Santa made an appearance for the kids. Sea containers, soups, chainsaws, coffee, gawd Tim Hortons Loves our Blockade were donated for the cause.  Sarnia Police visited every night and chatted, very cordially, in fact there is a link on youtube where on is drumming at the tracks. We had Councillors who came by to try and mediate, we had Councillors come and spy to take information to CN, we had everyone out.

The 27th there was another visit by CN security and the handing over of another Injunction. There is much video of this but needless to say I did not welcome the security guard.  Enter International Media. Every television station in Canada ran our story, Every newspaper ran it daily. Five Million Dollars a Day is what CN is saying we cost them. The propane Association pleaded right up to Crime Minister Harper's office to have the Blockade removed. My personal favorite was the coverage not once but twice in the Wall Street Journal. I was asked to be a spokesperson for the blockade at the beginning and took that roll seriously.

Meetings were taking place between some Councillors and CN. Without any direction from community nor Chief, (he says), they planned on strategies to end the Blockade. "We are costing people JOBS" came from one Councillor. F%€K Jobs, (my apologies for that but I cannot express it in any other way). we were being sold out again by Aamjiwnaang Chief and Council for a few free dinners and a chance to feel important.

On the Blockade the resolve deepened. Where is the Chief was the constant question. All of these people yet he isn't there. He does a video with the Union of Ontario Indians where he states that he supports the actions of the grass roots and INM but wont attend what has become the flagship blockade of IDLE NO MORE. (notwithstanding the sacrifice of the Fasters)

ALSO READ : A Derailed Christmas, My Story...RON PLAIN

A community meeting is called...it is getting tense in Aamjiwnaang. Death Threats are made. The community meeting is done in the manner of a traditional Talking Circle. An Eagle Feather is passed to everyone present and no one can interrupt the person holding the feather. A large representation of Aamjiwnaang is present for this meeting. The clear majority supported the Blockade but wanted an exit strategy. It had fulfilled its purpose. I wont go into the statements except to say that with Feather in hand Chief Chris Plain stated that "I will go to jail before and Band member".

On January 1st 2013 at 3:30 in the afternoon I received a Facebook message and an email from CN's lawyer stating that I had to Appear in Sarnia court the next morning at 10am to face Civil Contempt of a Court Order hearing. (Apparently that IS Legal in Ontario)

During the Ipperwash Inquiry several very important things happened. First the Police received clear instruction on how to deal with First Nation civil disobedience, which they followed to the letter. (Big Mention to the Sarnia Police, The Ontario Provincial Police and the Royal Canadian Mounted Police here, Thank You). The second thing was that the entire of SW Ontario was researched by a prominent lawyer. He found documents that showed the illegal transactions of Aamjiwnaang territory by the Crown in 1919.

I showed up in court in time for the hearing carrying 3 boxes of files that prove conclusively that Aamjiwnaang has title to that land, NOT CN. The judge in Sarnia wouldn't let me enter it. "At the end of the day", he said "That Blockade is coming down tonight"!  I was amazed to see the Chief of the Sarnia Police there. He too was facing contempt for not forcing the blockade down.

Judge David Brown, remember him, he shouted to all that would listen that the police must take down the blockade, must obey a judges order. To Hell with Ipperwash and all of the positive outcomes of that tragedy.

I had an idea on how to get the blockade down and really bring change to Aamjiwnaang. Remembering full well the statement that the blockade was up to support Chief Spence's position of Treaty infraction and demand for a meeting with Crime Minister Harper. I telephoned the Chief and outlined my strategy. He gave me the go ahead to negotiate an exit if possible. The next day I presented my thoughts to the now 2 camps in Aamjiwnaang. Those at the blockade and those manning the sacred fire. That was the 1st of January.

I need to explain the difference between Civil Contempt and Criminal Contempt here. Criminally the Crown representing the people must disclose all evidence to the accused, must be held accountable. In Civil CN is the accuser. They can pick and choose who gets charged and who doesn't. When I asked why I was the person standing before the court when my Chief is Named, CN replied, "In an effort to maintain good relationships with Aamjiwnaang we have decided to not move forward against Aamjiwnaang". When pressed again about being the sole representative of the blockade CN stated "You were the only person who was willing to identify yourself".  So, under Criminal contempt there are finite fines and imprisonment that can be levied against me, under Civil it can be ceiling less fines and indefinite imprisonment. Yes I said Indefinite. If CN feels that I may encourage you to take an action against them or I may myself then they can ask the judge, Their Judge, to hold me indefinitely. Guantanamo Bay type Crap.

CN made the huge gesture that if I pay $5000.00 towards a charity of their choice they would be willing to end it all right there. I said no. The Judge then replied that if I didn't take this generous offer I would face $180,000.00 to $200,000.00 in CN legal fees. I turned them down.

I was to face a full hearing on the contempt charges and the Chief of Police would be jailed with me if the Blockade wasn't down by 6:00 that evening. Discussions with Sarnia Deputy Chief of Police and telephone calls throughout Aamjiwnaang lead to a community feast at the Blockade. Everyone was there. Those who sold us out stood before the cameras and spouted their bullshit. Those of us who did it...those who sacrificed and Warriored up left.

Two days later i reappear in Sarnia court. Fully expecting everything to go away as the blockade came down. This time there is no Chief of Police, just me. Again the threat of hundreds of thousands in fines if I insist on a hearing. I insist.

Amazing things happened, people stepped up and began a Legal Defence Fund for me, The media was on our side, letters and emails of support come from everywhere. I go to Aamjiwnaang Council meeting and ask for help with my legal fees, as THEY started the Blockade, and a Councillor stated the he couldn't support getting behind just one person. Funny thing is he was one of the spys for CN.

Remember CN comments on maintaining a good relationship...well my friends The Chief and Council of Aamjiwnaang threw me under the TRAIN. To the disgust of all they took that position and haven't moved from it since.

Lawyers Chris Reid, Peter Rosenthal, Michael Leitold and Jeff Carolin agreed to represent me. That made me an offer I couldn't refuse. I needed to fund raise and what I raised was their fee.

Several strategies were discussed and motions were brought forward for disclosure of evidence. Last week the Judge ruled against us and thereby ending any argument. If it is a land claim the Chief must File, I cannot stand on a collective right to Aamjiwnaang. CN didn't have to produce any of the documents about Judge David Brown or any material regarding the case.

On Monday the 24th of June I wasfound GUILTY of Civil Contempt in Sarnia. The fine is over $16,000.00. I Thank you ALL for your support through this and ask 2 things, first is of course to ask if you can help with a donation, and second is when you see Aamjiwnaang Chief or Councillors ask them why please. They wouldn't answer me.

Thank YOU

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Jim Feeny, a spokesperson for CN said CN will donate the court award to the native community in Sarnia

DONATE TO THE RON PLAIN FINE

"They are making it so that we can't afford justice" - Ron Plain