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JUNE 3rd , 2008 |
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IN THIS ISSUE: 2) ARDOCH ALGONQUIN FIRST NATION'S MEETING 3) CHRISTIAN PEACEMAKER TEAMS DELEGATION VISITING SHARBOT LAKE AND AREA 4) ARTICLE: COURT DISMISSES CHARGES: MINING COMPANY NOT INTERESTED IN PURSUING CASE 5) ARTICLE: CHARGES DROPPED AGAINST EASTERN ONT. URANIUM PROTESTERS The following is a report on the court proceedings of June 2nd, 2008. I have consolidated as much of the 2-½ hours of information as I could. For the most part, the report is in my own words and I indicate where I am directly quoting. Disclaimer: You are solely responsible for your use of the contents in this report. You should not rely on the contents as legal information nor as authoritative. Users should verify the accuracy and applicability of any content before acting on it. CCAMU or its individual members, do not guarantee, or make any warranty, express or implied, that the content is current, accurate, complete or reliable. CCAMU or its individual members, is not responsible for any damage, however caused, which results directly or indirectly from your use of the content of this report. CCAMU or its individual members, assumes no legal liability or responsibility for the content of this report, whatsoever. -Lynn Daniluk
Justice Cunningham presiding. Issues before the court were as follows: 1) Second round of Contempt of Court charges against: Ardoch Algonquin
First Nation represented by Chris Reid: 2) First time Contempt of Court charges against: Non-natives
represented by Linda McCaffrey of Ecojustice: Non-native
represented by Michael Swinwood: 3) Lawsuit filed against the federal and provincial government by the Shabot Obaadjiwan First Nation, with supporting documentation. Shabot Obaadjiwan
represented by Steve Reynolds: OPP represented by Mr. Diana. Frontenac Ventures Cooperation (FVC) represented by Neal Smitheman. The Ontario Government had a new legal representative present, Mr. Brown. Mr. Brown replaces Owen Young, the previous Crown legal representative who has now been appointed to the Truths and Reconciliation Board responsible for hearing witnesses on The Aboriginal Residential School Affair. --------- Over 150 people came to support those charged. The courtroom could only accommodate 30 people so the rest waited outside of the locked door or listened in through open windows. Judge Cunningham apologized for the lack of space, stating that he did try to accommodate more people but the larger courtroom was being used and he did not have any control over this. Issues to be addressed: 1) The second Contempt of Court charges against the three members of the Ardoch Algonquin First Nations: Smitheman (FVC): FVC will not be proceeding with the warrants of the arrest of Robert Lovelace, Paula Sherman and Harold Perry. Business to be dealt with: -Submissions
regarding costs. Reid (AAFN): The court of appeal in Toronto stayed the fines for AAFN and reduced the sentence of Bob Lovelace to time served. Reid stated that he still did not have the reasonings for the Court of Appeal decision. Their reasonings may reveal that the Province of Ontario could have avoided all of this by agreeing to stay in the mediation process. Reid stated that they would be looking for costs to be covered by FVC and the Ontario Government but they wish to wait until the reasoning of the Court of Appeal came through. Judge Cunningham: Adjourned this matter until the reasonings from the Court of Appeal were released. Brown (The Crown): Stated that the Crown would like an opportunity to respond to this matter when the time came. Smitheman (FVC): Pointed out that The Court of Appeal did not bring into question the actual injunction, only the sentencing of the AAFN.
Linda McCaffrey (Ecojustice): Stated that her clients are members or support the actions of CCAMU (The Community Coalition Against Mining Uranium) who are lobbying the government to reform the Mining Act and are calling for a moratorium on uranium mining in Eastern Ontario. They are not doing this for their own self-interests and should be considered Public Interest Litigants. Smitheman (FVC): Frontenac Ventures will not be pursuing these Contempt of Court charges but reserves the right to do so in the future. McCaffrey: "How do the OPP plan to proceed?" Diana (OPP): The OPP issued warrants as ordered by Judge Cunningham. They did not independently issue a summons to appear in court and do not hold an opinion on the matters before the court. They were following the orders given by Judge Cunningham that were initiated by Frontenac Ventures. Judge Cunningham: The warrants against the non-natives would be discarded. McCaffrey (Ecojustice) submissions: McCaffrey asked for costs against FVC and the OPP to be awarded to her five clients. Reasoning for costs against the OPP: McCaffrey argued that Judge Cunningham's orders state that anyone supporting the two Algonquin First Nations could not come within 200 meters of any Frontenac Ventures employee. This has been interpreted by the OPP to mean that these supporters are not allowed to come within 200 meters of the mine site gate but the injunction states: Section 15, paragraph f "Further, any representative of the A.A.F.N., Shabot or any one supporting their position or associated with them in any way is restrained from disrupting or hindering any archaeological work by Frontenac, its officers, employees or consultants on either the Clarendon site or exploration property and are restrained from coming within 200 m. of any Frontenac officer, employee or consultant undertaking archaeological work on either the Clarendon site or the exploration property, with the exception of bona fide hunting, trapping or fishing activities during the applicable season in groups of four people or less." Judge Cunningham questioned the amount of costs and the length of time McCaffrey had been working on this case. Reasoning for costs against FVC: McCaffrey had to write Smitheman (FVC) three times before he informed her, on May 20th, that they would not be proceeding with the charges. By this time McCaffrey had already spent considerable time on the case as she assumed that it was proceeding. She knew that the OPP had submitted the officer's notes to FVC. Grounds for Costs: The OPP had no justification for the actions. They had no right to detain her clients and no right to issue the summons. FVC had no justification for the delay. The issue should have been dealt with in a timely matter. Her clients should be considered Public Interest Litigants and both the OPP and FVC were attempting to suppress open public discussion on a serious matter of public concern. To use the court process to suppress a public discussion was a grave matter. (Background
on Public Interest Litigants from McCaffrey: McCaffrey cited evidence that her clients were simply trying to meet with OPP officers from the Major Events Liaison Team (MELT) to determine where they could legally erect a sign regarding the potential uranium mine. They are trying to lobby the government to reform the mining act and prevent a uranium mine in their community. They also support the First Nations in defending their land. McCaffrey pointed out that the charges were a serious matter that could affect her clients in the future. These people are now known to the police and she is concerned that the OPP has released private information, about her clients, to FVC. Diana (OPP) response: The OPP should not be held responsible for costs as the police have an objective position in this situation. He went on to say that if McCaffrey felt that her clients were unjustly summonsed then there was an official avenue to deal with improper arrests and she should use that channel to lodge a complaint. The OPP were simply following Judge Cunningham's Interlocutory Order. Regarding the officer's notes, the judge told the OPP to give these documents to FVC. The OPP has made no commitment to proceed beyond what they have already done. McCaffrey
questioned: "If the OPP or FVC were not proceeding, why were the
settlers still summoned to court today?"
McCaffrey: Because the summons stated that she was to appear in court. Diana (OPP): The OPP served the summons because they were following the orders of the court and these orders were brought about because of FVC. Smitheman (FVC) response: FVC does not feel that McCaffrey should have proceeded to do anything about the warrants until she received notice to do so. There was nothing to be done, so the work that she did was a waste of time. "McCaffrey is the author of her clients' own misfortune." Said Smitheman FVC did not stifle public discussion and her clients are not Public Interest Litigants. There are no reasons to pay costs, as McCaffrey is a part of Ecojustice who does pro bono work for their clients. "This is an academic fraud to manufacture a case created by Ecojustice and the University of Ottawa." Said Smitheman Smitheman claimed McCaffrey was abusing the court system by building a case. McCaffrey's response: The warrants were issued in March 17th and it took until May 20th for Smitheman to respond. Ecojustice was not trying to mount a case. The OPP put her clients at a genuine risk of prosecution. They claim that a protest was happening at the gate of the mine site when really they were there to meet with the OPP to discuss the erection of a sign. Ecojustice may pay the bill for legal fees to defend her clients but she still must bill them for out of pocket costs. Her clients are entitled to have their legal costs covered, as they are not acting in their own interests but the interests of the general public. Ecojustice covers legal fees to encourage more lawyers to take on these types of cases. Judge Cunningham agreed to receive a submission on the costs for McCaffrey's clients and would make a decision at a later date.
Swinwood asked that the three summonses issued for Sulyn Cedar to be formally cancelled by Judge Cunningham. Judge Cunningham agreed and made the formal cancellation. Swinwood asked for costs to be covered. Judge Cunningham agreed to review his submission regarding costs. Swinwood argued that the Interlocutory Order should be stayed. Judge Cunningham stated that he is unwilling to do this. Another judge would be assigned to this case and it could be taken up with them.
Reynolds filed a lawsuit against the federal and provincial government with a full written submission. He requested the submission to be sealed as it contained confidential information that should not be made public at this time. Given the nature of the evidence, Reynolds asked to meet with Judge Cunningham in his chambers to give his submission. (Background to the Shabot Obaadjiwan lawsuit: The Shabot Obaadjiwan of the Algonquin Nation has submitted a lawsuit against the Government of Canada, the Federal Minister of Indian and Northern Affairs and the Government of Ontario regarding exploration for uranium on Algonquin lands. They also seek to add Minister Bryant, Ontario Minister for Aboriginal Affairs and Minister Gravelle, Ontario Minister for Northern Development and Mines. The lawsuit is based on the constitutional right of First Nations to be consulted before development takes place in their traditional territory. The suit alleges that neither Ontario, nor Canada has acted to protect the Constitutional rights of the Algonquin. As there is no treaty between the Algonquin and Canada with respect to these lands, Canadian law stipulates they cannot be developed without the consent of the Algonquin. Neither Canada nor Ontario have consulted with the Algonquin about uranium exploration, despite the fact that the staked land is part of a Comprehensive Land Claim that is under ongoing negotiation with Ontario and Canada. Chief Doreen Davis, of the Shabot Obaadjiwan First Nation, is one of 16 Algonquin Negotiation Representatives (ANR). ANRs are elected from 10 Algonquin communities to negotiate along side of the independent Negotiator Bob Potts. They are tasked with the responsibility of negotiating a modern day settlement for the Algonquin's of Ontario.) Reynolds (Shabot Obaadjiwan): Reynolds stated that the Ontario Government had yet to consult with the Shabot Obaajiwan First Nations. He asked that the Interlocutory Order be stayed until the Crown agrees to consult. Smitheman strongly disagreed with this request stating, "Your Honour, it would be an extreme prejudice for FVC if you stayed the Interlocutory Order." Judge Cunningham stated that he would not stay the Interlocutory Order but Reynolds could move to fully argue the case to the next judge assigned. Judge Cunningham went on to ask, "Has there been any movement on consultation? Reynolds
replied, " (pause) No. (pause) Frontenac Ventures may begin drilling
at any time and we cannot initiate proper consultation with this hanging
over our heads." Response from Mr. Brown (The Crown): "We are not adverse to consulting." Response from Reynolds: Your Honor, you have said that this is a political issue and should be dealt with outside of the court. If the Crown is now saying they are willing to consult." Brown (The Crown): "That is not what I said." Judge Cunningham: "Maybe this issue can be discussed outside of court and with my blessing!" Reynolds: "Is the crown is willing to consult?" Mr. Brown agreed to be in contact with Reynolds about the matter of consulting with the Shabot Obaadjiwan First Nation. Judge Cunningham repeated, "If another judge wants to stay it the Interlocutory Order, they can do this." At the last moment Smitheman (FVC) asked that the John and Jane Doe warrants be extended to July 31st. Judge Cunningham agreed. Judge Cunningham dismissed the court and met with Reynolds in his chambers to hear the Shabot Obaadjiwan's submission for the lawsuit against the federal and provincial government. 2) ARDOCH ALGONQUIN FIRST NATION'S MEETING On Monday,
after Court, it was clear that we all need to meet to Co-Chief Mireille LaPointe 3) CHRISTIAN PEACEMAKER TEAMS DELEGATION VISITING SHARBOT LAKE AND AREA Sharbot Lake - On May 31, 2008, ten members of a Christian Peacemaker Teams (CPT) delegation traveled to Sharbot Lake, Ontario. The purpose of the nine day delegation is to listen and learn about the situation at Sharbot Lake around exploratory drilling for uranium on land claimed by the Ardoch Algonquin First Nation and Sharbot Obaadjiwan First Nation. The delegation plans on meeting with members of the two First Nations as well as non-native, settler residents of the area. They will take part in an undoing racism and colonialism session and will attend court in Kingston to support the two First Nations. Members of the Ardoch Algonquin community are subject to contempt of court proceedings for engaging in nonviolent direct action to protect the land against the mining exploration, and the Sharbot Obaadjiwan are launching a case against the Ontario government for neglecting to consult with them about the exploration. The members of the CPT delegation are Char Smith from Gibson City, IL., Lyn Adamson from Toronto, Sophia Hochstedler from Chicago, IL., Gretchen Krause from Elkhart, IN., Rosemarie Milazzo from Maryknoll, NY., Sylvia Morrison from Brampton, Heather Laurel Peters from Hamilton, Greg Rollins from Surrey, BC., Kevin Sutton from Peterborough, and Joel Klassen from Toronto. 4) ARTICLE: COURT DISMISSES CHARGES: MINING COMPANY NOT INTERESTED IN PURSUING CASE June 3, 2008 By Frank Armstrong Kinston Whig-Standard "Remaining charges against eight uranium mine protesters, including two Ardoch Algonquin First Nation leaders, were dismissed by a judge in Kingston yesterday. Justice Douglas Cunningham dismissed contempt of court charges against Bob Lovelace, Harold Perry and six neighbours of a potential uranium mine site north of Sharbot Lake after provincial police and the firm that's prospecting on the land said they're not interested in pursuing the case." To read the rest of this article go to, 5) ARTICLE: CHARGES DROPPED AGAINST EASTERN ONT. URANIUM PROTESTERS June 3,
2008 "A mining exploration company has withdrawn charges against a group of protesters who disobeyed a court order to stay away from a prospective uranium mining site." To read the rest of this article go to, http://www.cbc.ca/canada/ottawa/story/2008/06/03/ot- |