divides into two unevenly.
The KI campaign is divided into two parts; the right to say no and
freedom from incarceration.
Next Wednesday will be a day at the Court of Appeal devoted to the
issue of sentencing principles. While Ontario is able to publicly claim
that they argued for the release of the KI6 for time served, a close
examination of the Ontario factum reveals that it is mainly a document
designed to attack the argument put forward by KI and NAN that the
Gladue sentencing principles should be extended from criminal to civil
cases.
Gladue sentencing principles require a sentencing judge to "take
judicial notice of the systemic or background factors and the approach
to sentencing which is relevant to aboriginal offenders." The judge in
the KI case took no notice and made no inquiries into the systemic and
background factors of the KI6 prior to sentencing them to 6 months in
jail.
No matter the outcome at the Court of Appeal we still have no
resolution on the question of First Nation consultation, accommodation
and consent.
Next week we could see Bob Lovelace and the KI6 free, but simply free
to face new contempt charges when Platinex or the next mining company
tries to access their territory without community consent.
Ontario appears to be rolling the die and hoping that the issue and
Platinex will simply go away.
My gut tells me that a body in motion wants to remain in motion. Judy
Rebick is not going to go away. Howard Hampton is not going away.
Amnesty is not going away. The Anglican Church is not going away. The
ENGOs have finally got an issue to campaign on in Ontario's far north.
And Big Labour is slowly turning its attention to aboriginal issues.
Jailed aboriginal leaders granted temporary release
Updated: Sat May. 24 2008 1:19:19 PM
The Canadian Press
TORONTO — A group of northern Ontario aboriginal leaders jailed over a
dispute with a mining exploration company got a temporary reprieve
Friday, but their lawyer said they could be back in jail as early as
next week if the province doesn't change the Mining Act.
The Ontario Court of Appeal ordered six members of the
Kitchenuhmaykoosib Inninuwug (KI) First Nation - including its chief
and deputy chief - released from jail for five days pending their next
court appearance May 28.
They were released on their own recognizance after they agreed to abide
by an injunction that prohibits them from interfering with the work of
Platinex Inc., which, in turn, promised not to bring an exploration
crew onto the disputed land before 9 a.m. May 29.
"They will have to report back to jail on May 29 unless there's a
further order from the court," said lawyer Chris Reid, who also noted
the group is appealing its six-month sentences, not the finding of
contempt of court.
"The decision today changes nothing. The only way these people are
going to be able to get out of jail, stay out of jail, is if the
government of Ontario recognizes the right of these communities to say
no to mining on their land."
Reid said Friday's Appeal Court decision did nothing for Bob Lovelace
of the Ardoch Algonquin First Nation in eastern Ontario, who is on a
hunger strike and remains in solitary confinement on similar charges as
the six who were released.
"We're asking the Court of Appeal to send a message to the government
that they need to change the mining law or this is going to happen over
and over and over again," Reid said.
"They either have to amend the Mining Act or build a prison for
political prisoners, because that's what we're going to be doing in
Ontario if (Premier) Dalton McGuinty doesn't take steps to change this
19th-century Mining Act."
The six freed KI leaders are expected to attend a rally at the Ontario
legislature Monday aimed at pressuring the government to halt mining
and forestry on their traditional lands, said organizer Jack Lapointe
of Ardoch Algonquin First Nation.
Protesters plan to remain on the front lawn of the legislature
conducting traditional aboriginal ceremonies until May 29 - the
national aboriginal day of action.
The office of Aboriginal Affairs Minister Michael Bryant issued a
statement saying the government was pleased to hear the six jailed
protesters were released.
"Today's court decision is a positive resolution and reflects the
combined efforts of all parties involved," it said.
"It respects the rule of law and allows good faith negotiations to
prevail."
While the statement said the government has "made every effort to
expedite the appeal of their sentences in order to get all parties back
to the negotiating table," Reid vehemently disagreed and slammed the
government for what he called its total inaction on the matter.
"They had no role to play in any of this," he said. "They're completely
indifferent. They're useless - completely useless. They've done nothing
whatsoever to resolve either case.
"They don't even respond to our calls and e-mails, yet we constantly
have Michael Bryant in the media claiming they're working hard to
resolve this. They've done absolutely nothing."
Northern Development and Mines Minister Michael Gravelle said last
month the Liberal government is committed to changing mining laws to
include proper consultation with First Nations, but that it will take
time.
Gravelle said the government was not prepared to heed calls for a
moratorium that would stop mining companies from staking claims on
Crown land in the meantime.
