Shame to jail band members for defending rights
Doug Cuthand, The StarPhoenix
Published: Friday, March 28, 2008
It's hard to believe in 2008, but the government in Canada is placing
persons in jail for their political beliefs.
During the past week, six people from the Kitchenuhmaykoosib Inninuwug
(KI) First Nation -- Chief Donny Morris, four councillors and a band
employee -- were sent to jail for six months for contempt of court.
The KI Six fought against mineral exploration in their traditional
territory, only to be faced with an injunction they refused to
recognize.
We haven't seen anything like this in Canada since the northwest
rebellion of 1885.
he KI First Nation researched its treaty land entitlement and concluded
it was eligible for more land. This claim was before the Department of
Indian Affairs when Platinex, a southern mining company, began to
explore for platinum on the band's traditional lands in an area that
could become part of their land claim.
The treaty land entitlement claim has been stalled in the labyrinthine
Indian Affairs bureaucracy and Platinex continues to explore in their
traditional territory.
The real culprit in this imbroglio is the Ontario government that
issued an exploration permit without consulting properly with the band.
In Haida Nation v British Columbia, the Supreme Court ruled in 2004
that governments have a duty to consult and, where appropriate,
accommodate aboriginal peoples where aboriginal interests have been
asserted but not proven.
This landmark decision means that provincial governments cannot issue
logging or exploration permits on land that is subject to a land claim.
This clearly is the case in the dispute involving KI and Platinex.
In protest, the First Nation's leaders erected a roadblock and Platinex
got a court order to prevent the protesters from blocking the road.
None of the six band members who were jailed received fines because of
their lack of ability to pay.
This action has sparked outrage in Indian Country, with AFN National
Chief Phil Fontaine calling it "shameful" to see a chief and band
councillors being jailed for defending their rights. Anglican
archbishop Fred Hiltz was highly critical calling it a "throwback to
colonialism."
Meanwhile, the KI Six are behind bars at the Thunder Bay Provincial
Jail. Protests and a vigil have been held outside the grounds. A sacred
fire was lit but was doused by the fire department, adding to the
tension.
