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From 91.5 CKPR News http://www.ckpr.com/news.aspx?cid=109437

KI lawyer says his clients very happy with ruling

The lawyer for six members of the Kitchenumaykoosib Inninuwug First Nation says his clients feel ''completely vindicated'' by Monday's ruling from Ontario's highest court. The written ruling from the Ontario Court of Appeal says there was no reason to 'bring down the hammer'' on aboriginal leaders who were jailed and fined after staging protests over mining disputes earlier this year.

In March Chief Donny Morris and five other members of the Kitchenumaykoosib Inninuwug First Nation were sentenced to six months in prison by Justice Patrick Smith for disobeying a court order to allow Platinex Mining onto a drilling site near Big Trout Lake.

The Court of Appeal says jailing the protesters was ''too harsh a sentence, and only served to pit the community against the justice system.'' The six KI band members spent about nine weeks in jail when the court decided in late May to reduce their six-month sentences to time served. The ruling states the judge failed to refer to mitigating factors in the case, including the fact that the protesters were first-time offenders. Reid says his clients are 'very happy' with the ruling, which he says proves the dispute should not have been dealt with in the courts.

Meanwhile NAN officials, who had intervenor status in the case, call the ruling good news for First Nations who are concerned about being jailed for protecting their lands. NAN deputy Grand Chief Alvin Fiddler says the courts are saying that it's up to the government of Ontario to resolve such disputes, rather than 'sitting on the sidelines' while native leaders are at risk of being incarcerated.

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NAN press release

NAN pleased Ontario Court of Appeal finds jailing first nation leadership not the answer in land disputes

     THUNDER BAY, ON, July 7 /CNW/ - Nishnawbe Aski Nation (NAN) Deputy Grand Chief Alvin Fiddler is pleased by the decisions of the Ontario Court of Appeal today in the cases of Frontenac Ventures Corporate v. Ardoch Algonquin First Nations and Platinex v. Kitchenuhmaykoosib Inninuwug First Nations where the court found that jailing First Nation leadership in a land dispute with the Crown was "too harsh" and should only be used as a last resort.

     "This is good news for the leaders of First Nations who are concerned about being jailed for protecting their lands and defending their Aboriginal and treaty rights," said NAN Deputy Grand Chief Alvin Fiddler. "The Courts are saying that Ontario has an obligation to actively bring about reconciliation with First Nations and not just stand on the sidelines when First Nations leaders are at risk of being incarcerated," said Fiddler.

     Today's decisions by Justices James MacPherson, Marc Rosenberg and Kathryn Feldman granted the appeals by the First Nations leadership of both communities and concluded that jailing First Nations leadership in disputes between the Crown and Aboriginal people should only be used as a last resort.

     "The use of incarceration as the first response to breach of the injunction dramatically marginalizes the significance of aboriginal law and aboriginal rights. Second, imposing a lengthy term of imprisonment on a first offender fails to recognize the impact of years of dislocation." (par. 58)

     NAN had intervener status at the appeal and argued that the lower court had missed an important legal step when it sentenced the First Nations leadership to six months in jail rather than continuing the negotiation process that was required as part of reconciliation between First Nations and the Government of Ontario.

     "In my view, the Court has set a different and higher standard for granting injunctions when cases involve restricting asserted Aboriginal and Treaty rights. The decision sends a strong message to the Ontario government that negotiation, not incarceration, is the best way to reconcile the claims of our Aboriginal communities with the rights of the Crown," said lawyer Julian Falconer who, along with Aboriginal Legal Services of Toronto, represented NAN at the Court of Appeal.

     The KI leadership and the Ardoch leadership were sentenced to six months in jail for civil contempt of court after disobeying court orders which allowed mining exploration on traditional territories.

     In declaring the sentences too harsh, the Court of Appeal stated "... in light of the progress already made, much of it with the encouragement and assistance of the motion judge, there was no need to bring down the hammer of long jail sentences and very substantial fines." (par. 65)

     Nishnawbe Aski Nation is a political territorial organization representing 49 First Nation communities in James Bay Treaty 9 and Ontario portions of Treaty 5 - an area covering two thirds of the province of Ontario.

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/For further information: Michael Heintzman, Media Relations Officer - Nishnawbe Aski Nation, (807) 625-4906 or (807) 621-2790 mobile/