First Nation leaders protecting their lands sentenced to jail by Ontario gov't and mining industry
ARDOCH ALGONQUIN FIRST NATION press release
Jailing Aboriginal Leaders to Promote Uranium Mining in Ontario
February 19, 2008 - In a travesty of justice, AAFN Spokesperson Robert Lovelace was sentenced in the Ontario Superior Court of Justice in Kingston to 6 months incarceration and crippling fines amounting to $25,000 for upholding Algonquin law within our homeland. An additional sanction of $2,000 per day will be imposed for every day that Bob continues to obey our law rather than the court order. In addition, our community was fined $10,000 and Chief Paula Sherman $15,000, and our statement of defense was struck out, which means that we are forbidden from challenging the constitutional validity of Ontario’s Mining Act. The court made it clear that First Nations’ laws do not exist in Canada legal system and anyone who tries to follow First Nations law will be severely punished.
Shouts of “shame!” erupted in the courtroom as the sentences were read by the judge and Robert was taken into custody. Many were aghast at the harshness of the sentencing imposed for participation in a peaceful protest against uranium exploration which was approved by the province of Ontario without any consultation with our community.
Chief Paula Sherman said: “No consideration was given to the circumstances that led to our actions. The testimony given under oath by Robert Lovelace outlined Algonquin Law and the corresponding responsibilities of Algonquin people with respect to human activity in our territory. It was tossed aside by the judge and deemed to be of no relevance. The message delivered clearly through this court decision is one of domination and oppression; the law will enforce one set of values with respect to human relationships with the land in Ontario and there is no room for Algonquin laws or values.”
Ontario and Canada portray themselves as shining examples of democracy and human rights for the world to emulate, all the while creating laws, policies, and value systems that oppress and deny Aboriginal peoples’ human right to life as distinct people. Robert testified that Algonquin identity is tied to the relationships that we maintain with the land.
Lovelace is now in jail in Quinte Correctional facility in Napanee. Chief Sherman said: “He is a political prisoner of the Government of Ontario and Ardoch Algonquin First Nation places blame for his incarceration on Premier Dalton McGuinty and the Minister of Aboriginal Affairs, Michael Bryant. We have repeatedly asked for consultations on the mineral claims on our lands within the larger Algonquin homeland. We have offered Ontario a variety of options to enable consultation. Every option was rejected out of hand. Ontario’s position has been consistent: Drilling on our land must occur. Our position has equally been consistent: Meaningful consultation must occur before any of our land is damaged or alienated to mining companies.”
For more information, contact: Chief Paula Sherman (613) 329-3706 or Chris Reid (lawyer) (416) 629-3117 omamikwe@bell.blackberry.net
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NAN demands Ontario settles Ardoch land dispute
THUNDER BAY, ON, Feb. 20 /CNW/ - Nishnawbe Aski Nation (NAN) Grand Chief Stan Beardy demands the Premier of Ontario negotiate a settlement regarding the ongoing land dispute on traditional Ardoch Algonquin First Nation (AAFN) territory, rather than using the courts to delay a political solution.
"The solution to unsettled land claims is not jail time or fines," said NAN Grand Chief Stan Beardy. "We're in a situation where First Nation people are being criminalized for practising constitutionally protected Aboriginal and treaty rights - our way of life on the land. These extreme positions by Ontario to support court proceedings rather than negotiating settlements could seriously jeopardize new meaningful relationships not only in Algonquin territory, but across the province."
Beardy's comments come after AAFN negotiator Robert Lovelace was yesterday sentenced six months in jail and fined $25,000 for his participation in a peaceful protest over uranium exploration on Algonquin traditional territory (eastern Ontario).
The actions leading to yesterday's sentencing of the AAFN member are comparable to James Bay Treaty 9 community Kitchenuhmaykoosib Inninuwug (KI) and its litigation between mining exploration company Platinex Inc. and the Government of Ontario - a story that's made national news since the northern First Nation community approx. 600 km north of Thunder Bay was hit with a $10 billion lawsuit in February 2006 after requesting Platinex Inc. remove drilling equipment from their traditional territory.
Similar to the situation in eastern Ontario, KI leadership currently awaits an expected April 2008 sentencing for a December 2007 contempt charge as they fulfill their sacred responsibility to the land.
"What the Government of Ontario and general public need to realize is that our people have a sacred responsibility to the land. It's not that we operate outside of Canadian law, however the laws of our lands come first," said Beardy, adding that injustice at Ardoch and with KI is a threat to justice for First Nations not only within Ontario, but across Canada.
"The court decisions coming out of Ardoch and KI affect all First Nations," said Beardy. "What kind of message is the Government of Ontario sending when it consistently ignores Supreme Court of Canada rulings to consult and accommodate First Nations prior to development?"
Nishnawbe Aski Nation is a political territorial organization representing 49 First Nation communities part of James Bay Treaty 9 and Ontario portions of Treaty 5.
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/For further information: please contact Jenna Young, NAN Director of Communications at (807) 625-4952 or (807) 628-3953 (mobile)/
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Algonquin chief to serve jail term - Contempt of court sentence turns aboriginal leader into 'political prisoner,' lawyer says
Bruce Ward, February 16, 2008
An aboriginal leader who defied the law by staging protests at a potential uranium mining site near Sharbot Lake was sentenced yesterday to six months in jail for contempt of court.
The jail sentence makes Robert Lovelace, co-chief of Ardoch Algonquin First Nation, "a political prisoner," said lawyer Chris Reid, who represented Mr. Lovelace in the case.
"Bob Lovelace is a political prisoner and he is in jail because (Ontario Premier) Dalton McGuinty and (Aboriginal Affairs Minister) Michael Bryant refused to consult with this community. The Ardoch Algonquin have made numerous proposals to Mr. McGuinty and Mr. Bryant to have discussions to peacefully resolve the issue around uranium mining in their territory."
Mr. Reid said Mr. McGuinty and Mr. Bryant never responded to the Ardoch Algonquin proposals.
"They instructed their lawyers to sit in court this week and say nothing while the lawyers for the mining company asked for six-month jail terms and punitive fines. The fact that Mr. Lovelace is in jail today is one hundred per cent the fault of Mr. McGuinty and Mr. Bryant.
Paula Sherman, co-chief of the Ardoch Algonquin, was also sentenced to six months by Justice Douglas Cunningham in a Kingston court yesterday after being found guilty of contempt of court.
But Ms. Sherman, the single mother of three children, was spared jail time in return for agreeing to obey the court injunctions. This means she must stay away from the site and not participate in any protests there.
Mr. Lovelace was also fined $25,000, and Ms. Sherman $15,000. Although Ms. Sherman will not be behind bars, the judge ruled that she must pay the fine.
Both co-chiefs had admitted taking part in protests on the property, near Sharbot Lake, Ont., about 60 kilometres north of Kingston. Two court rulings had granted Frontenac Ventures Corp., a mining exploration company, access to the site to carry out test drilling for uranium.
Protesters from both the Shabot Obaadjiwan and Ardoch Algonquin First Nations occupied the disputed site from late June to mid-October last year, defying court injunctions that ordered them off the site and gave police the authority to arrest them.
The Algonquin protesters maintain the site is on their land. They are concerned that uranium drilling could lead to environmental contamination.
The occupation ended after the Ontario government agreed to mediation talks. But the protests began again this month after those talks failed.
Mr. Reid also said the Algonquin community was also fined $10,000.
"This is a community that has no funding from anywhere. They raise money through concerts and bake sales. They are not funded by the federal government. So they'll lose out. The community is essentially bankrupted by this decision."
The statement of defence in the case, which challenged the constitutional validity of the Ontario Mining Act, was struck out by the judge.
"When your statement of defence is struck out, you're gone," said Mr. Reid. "You can't bring motions, you can't do anything.
"The punishment for contempt of court is all about punishing people because, instead of going to court to seek remedies against the government, they used what he (the judge) called self-help. It seems utterly perverse to me to say were going to punish you for that by kicking you out court. This kind of decision, it leaves people nothing to lose. Any rational person would ask, if you're going to kick people out of the court, how can you then expect them to not use self-help?"
The blockade began when the Algonquins discovered that Frontenac Ventures Corporation had begun removing trees and blasting rock to prepare for exploration for uranium near Sharbot Lake.