Chris Reid attended the court on August 23, 2007, to explain the August 14 letter to McGuinty and why Ardoch Algonquin First Nations will no longer participate in the injunction motion. Steve Reynold’s partner, Jeremy Dolgin was there to speak on behalf of Sharbot Obaadjiwan First Nations (SOFN).

In Chris’s brief submissions he advised the court that:

1. AAFNA and SOFN have occupied the site because, unlike the government of Ontario, they respect the rule of law and want to preserve the integrity of the land and peaceful relations between Algonquins and non-Algonquins.

2. While the situation is currently peaceful and no weapons are allowed at the site, AAFNA will not leave the camp without a commitment by Ontario to a moratorium on uranium exploration on their land. If there is an attack on the protest camp, there will be resistance and supporters will come to the site from other FN communities. (This has been reported by some media as threatening violence.)

3. The court was very interested in seeing AAFNA and FVC cooperate on an archaeological study of the area in order to identify sacred sites and burial sites. I said that AAFNA is prepared to negotiate with Ontario and could, as part of these negotiations, address the option of an archaeological study of the area, but AAFNA will not negotiate anything with FVC or participate in any joint studies with FVC, and AAFNA will not participate in any study which is intended to identify areas which would be open for uranium exploration.

4. We denounced Ontario’s position in the injunction motion is a disgrace: based on subservience to the mining industry, ignoring the recommendations of the Ipperwash Inquiry to settle disputes with Aboriginal communities through negotiation rather than injunctions, making racist distinctions between ‘status’ and ‘non-status’ Algonquins, and cowardly, mealy-mouthed excuses for not negotiating with AAFNA.

5. The so-called Algonquins of Ontario do not represent AAFNA and cannot negotiate on behalf of AAFNA or it’s land.

Yesterday’s surprise was the appearance of Bob Potts who said he now has instructions from the ANR to intervene in the injunction motion. He said that the ANR decided to become involved now that AAFNA and SOFN have withdrawn because they are concerned that Algonquin views will not be heard otherwise. So the ANR will now speak for the Algonquins in the injunction proceedings.

Of course I pointed out the AAFNA is not part of the ANR and I explained why AAFNA has no intention of joining an organization which discriminates against non-status Algonquins and is manifestly unable or unwilling to defend Algonquin land against uranium mining, or any other activity. Unfortunately, since we are not filing any evidence or cross-examining any witnesses, the judge who hears the injunction motion in September will only hear from Ontario, FVC and the ANR on this issue and may conclude that Ontario can hold any and all consultations with the ANR.

With respect to the order issued on August 15, Justice Thomson surprised everyone by saying that he did not order the protesters to leave the site, he only ordered that they remove signs, tents, structures barricades, and other paraphernalia, and ordered no further access to the site other than pursuant to the order. Needless to say, FVC and their lawyers are furious with the court. Counsel for the OPP expressed confusion and frustration with the order and advised that the OPP could not enforce something so vague. At this point it appears that there is very little likelihood of any action by police to arrest people at the site, but it remains a possibility that the OPP could prevent people from accessing the site.

We will continue to receive copies of correspondence and documents filed in the court since we are still on the record as defendants in the main action (FVC’s claim for $77 million damages). I advised the court that next week we will be filing a defense to the main action and also a third party claim against the province in which we will seek a declaration that the Mining Act is unconstitutional and an order declaring all of FVC’s mineral claims void.