Divide and rule: Algonquin leaders sentenced to 6 months for occupation

I have some insight,

Here's the official release from he Shabot Leadership:

[i]

[i]PRESS RELEASE

On February 12, 2008 the leadership of the Shabot Obaajiwan Algonquin First Nation appeared in a Kingston Ontario court to stand trial for their role in the ongoing struggle to stop a proposed 30,000-acre uranium mine on unceded Algonquin land just north of Sharbot Lake, Ontario.

In keeping with the spirit of goodwill and peace in which the Shabot Obaajiwan having been conducting themselves throughout this conflict, Chief Doreen Davis and War Chief Earl Badour Sr. have agreed to continue to abide by the terms of a court ordered injunction issued on September 27, 2007 with which they have complied since the blockade was dismantled on October 11, 2007. The Shabot leadership will ask their community to comply with this order and the “undertakings” negotiated by crown attorneys and Shabot defence lawyers until the case is reconvened for sentencing on March 17, 2008.

This trial is further illustration of the lack respect and indifference with which the Ontario government has consistently chosen to treat the concerns of First Nations people. Ontario has failed to abide by their own legally binding duty to consult Algonquin First Nations before initiating mining exploration on their lands. Instead the government has chosen to hide behind the courts. By attempting to bury this significant political and environmental issue in the mire of the legal system, they have clearly proven that their loyalties lie with industry rather than with people. Ontario has once again elected to promote the profit-seeking ventures of industry over Aboriginal rights and values. In spite of such bad faith on the part of Ontario, Shabot Obaajiwan leaders have consistently demonstrated their willingness to negotiate this issue through consultations with the government.

The Shabot Obaajiwan leadership remains committed to the opposition of the uranium mine, the disastrous effects of which would be felt for many hundreds of kilometres along the watershed and for many hundreds of years. They appeal to members of the Shabot Obaajiwan community as well as other communities of First Nations and settlers involved in the anti-uranium struggle to continue to conduct themselves in the spirit of peace.

We Live to Fight Another Day![/i]

The second media article you posted isn't quite correct in that the alliance is broken. It came out after the Shabot leadership was in court on Monday, they reached an agreement with the court and were taking a different strategy then what the Algonquin leadership did...in reference to the court injunctions.

Overall whats basically is happening is that the company through the courts has/is going after the leadership and playing hardball in order to shut down the protest. The Shabot leadership was under the same threats that the Ardoch's were sentenced to today. Whats missing from the article is that apparently approx 180,000 dollars each in fines was also part of the sentence which will likely include the seizure of property..ie their homes.

There are several non-native local residents who are considered 'the leaders" who have also been named and are set to go to court in the coming weeks. In this case it's not just a 'native' protest as the residents have been standing side by side since the beginning.

The whole thing is a mess imo...as what is largely a 'political' issue and should be solved through a political process is being forced through the courts with the OPP put in the position of being the enforcers. I can say from personal contact that even members of the OPP aren't happy about being put in that position either. A similar thing happened in Caledonia and we can see in hindsight how that all went.

In the courts the whole thing was framed as an issue of 'private property' rights as the main site itself is considered private land. However the overall land in question (where the actual drilling and mining is to occur) is a mixture of 'crown land' and private property, all of which is considered traditional Algonquin territory. It is also land that has been under claim, with negotiations occuring about it since the mid nineties.
What is missing from the framing is the whole issue of the Crown's obligation to consult, under the various supreme court rulings about the "Duty to Consult" about land use in areas where title is in question.

When the protest started and the property was blocked and the company went after the protest with numerous injunctions all framed under private property trespass laws. The Algonquins from the get go were asking for the question to be brought to the political realm. They managed to agree to and uneasy truce with both sides agreeing to government mediation. However this wasn't any sort of negotiation in any real sense as the government 'mediators' refused to even talk about the whole issue of 'consulting' and 'land rights.' This was one if not the main reason the mediation broke down. They also pretty much said that their hands were tied because of the overarching 'rules' and 'laws' contained in the 'Mining Act'. In a nutshell this act pretty much gives carte blanche to prospecting and mining companies to go into both 'crown' and private owned land and stake it out. In the case of private land they only have to give 24 hour notice or with what happened in this case they didn't give anything or tell anyone. The way that this whole big 'plan' was discovered was by accident when a non-native private owner happened to take a walk on his property and discovered that it had been staked for exploration. He then found out that there was absolutely nothing that he could do or say about it.

As soon as the talks broke the company went back to the courts to force the issue and all the injunctions that were put on hold for the mediation process came back into effect.

Today the court also apparently put into affect a bunch of 'jane and john doe' warrants so that basically anybody...no matter who they are can be arrested if they are on or near the actual site.

I'm also going to pass on some info that may give some insight into the type of people that both the Algonquins and local residents are dealing with here. It came to light the other day that 'someone' from the company itself had approached the military to ask for assistance, saying that they needed protection because a 'riot' had occured outside the entrance to the site. A big fat hairy lie.
It didn't go anywhere of course, but to me it's pretty telling as to some of the extent of the policking thats going on behind the scenes here.

quote:

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However this wasn't any sort of negotiation in any real sense as the government 'mediators' refused to even talk about the whole issue of 'consulting' and 'land rights.' This was one if not the main reason the mediation broke down.

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And then there was the "bait and switch" on the part of the province. In Lovelace's own words...

"The failure to reach a resolution rests squarely on the shoulders of the
province and not with the Algonquin people who participated in the process.
While we entered into the negotiations in good faith, with the understanding
that our concerns would be addressed and discussed, Ontario entered into it
with a predetermined mandate and understanding with Frontenac that they would
be allowed to drill, no matter the outcome. This became very obvious to us on
the last day of negotiations when MMND representative Cam Clark admitted that
Ontario's position was that drilling would have to occur alongside any actual
consultation process that was started between the parties. For Ardoch Algonquin First Nation, pre-determined drilling was a non-starter which left us with no choice but to withdraw from the process. As a result of our refusal to
continue in a process that has a pre-determined mandate to allow drilling, we are once
again being constructed as criminals and villains by Frontenac Ventures and the Ontario court system."

Latest Update:

[url=http://www.cbc.ca/canada/ottawa/story/2008/02/15/ot-contempt-080215.html... Leader Agrees to Suspend Protest[/url]

[i]An aboriginal leader sentenced to time behind bars for defying two court orders and blocking a prospective uranium mining site has agreed to stop participating in protests so she can avoid going to jail.

Ardoch co-chief Paula Sherman, shown in a photo from last September, will avoid jail time but still must pay a $15,000 fine.Ardoch co-chief Paula Sherman, shown in a photo from last September, will avoid jail time but still must pay a $15,000 fine. [/i]

Just further wanted to add to the whole issue of 'dividing' and 'conquering' which I think speaks to how some in the courts and the powers that be are thinking.

One of stipulations of the court ruling is that the individuals named will not solicit any third party help, that would include any and all FN's, with Six Nations and Tyendinaga specifically named, other settler groups, including CCAMU and other any other environmental groups.

CCAMU : Community Coalition Against Uranium Mining is the specific non-native group that has been supporting the Algonquins.
[url=http://www.ccamu.ca]www.ccamu.ca[/url]

After reading the thread I knew I should post my thoughts.

Tears at Sharbot Lake

So nothing in 500 years has changed... the government and those who want to rape and destroy our lands have won.
Through the courts they have again put our people off our land to make a dollar.
This started out an environment issue, maybe thats were we went wrong. Because the government turn this into a native issue against a small community and they beat them into submission, with court rulings.
It's a sad day and many who were there and fought the fight have tears in there eyes this day.
Native and settlers alike were threatened with everything the court could throw at us. Yes even the military if 6 nations or any other FN were to stand up and help us, we would go to jail and the military would take care of any Nation who stood up to help.
This wasn't six nations were there were thousands to back them it was a small community of a few hundred. The courts and the mining company knew this. They knew we didn't have the man power nor the funds to win.
I was naive in the thought we could win. Hell why should I even have thought that right was right and wrong is wrong. Lets let the government pollute our lakes and streams kill our children to come. And yet again take our land to do as they please. Hell what was I thinking.
I will tell you... I was thinking that we could win and I still think that way. But I am just one person, but those that know me know I will if called would stand in front of the military and the police and do what I must. But who would then take my place? To be imprisoned, push from the land, or even killed.
For all of our People gone before us it's just like the good old days.
For all those to come after us there will be no future. For the governments must make that dollar.

I just want to correct the info about the use of the military. Sadly the initial info I got was incorrect.
The crown apparently did ask for the military to be put on standby and the judge agreed to this request.

Imo, I think this is very troubling...for all people who are standing up for their rights and injustice. It's troubling enough for me that this threatening tactic is being used against FN's AGAIN and people should be questioning it, in this case there's an added dimension as this action includes the local non-native residents as well.

I'm boggled thinking about the ramifications of what this action is saying for all people in this country.

It is very disturbing that some **** justice of the peace (appointed by the feds?) can call out the army.

This needs to go to the Supreme Court where cases like this have been addressed properly. I sure hope they can manage that financially.
It is clear that the federal government and their federally appointed Superior Court of Ontario Justices of the Peace do not acknowledge the law as defined by recent multiple Supreme Court rulings on this exact topic. That is because the governments themselves cannot/will not fight the powerful mining and logging industries.

By this court ruling, the so-called 'judge' is announcing his belief that the Mining Act supersedes the Constitution of Canada. Only in his pockets is that true!

This is a similar case, also in the news this week:

Ottawa abandons appeal in court fight against Ka'agee Tu First Nation

Wed Feb 13, 6:55 PM

The legal battle between the federal government and the Ka'agee Tu First Nation over development in the Northwest Territories seems to have calmed for now, as lawyers for the government dropped an appeal of a Federal Court ruling siding with the First Nation.

The July, 2007 ruling said the government violated the band's right to meaningful consultation in 2005, when it approved Paramount Resources' application to drill several new oil wells in the Cameron Hills area.

[url=http://ca.news.yahoo.com/s/cbc/080213/canada/north_nwt_appeal_2]http://c...

[b]"We won all our court cases against them,[/b] I think there was about five of them all in total. None of them have been appealed as of last Friday, that I know of. [b]They have to sit down and consult with us and accommodate us where possible."[/b]

The Federal Court's decision stated that the Ka'agee Tu must be consulted about development throughout every step of the regulatory process.

Landry says consultation has moved ahead between Paramount, the federal government and the First Nation. They are starting to negotiate compensation for the Ka'agee Tu, he added.

[ 18 February 2008: Message edited by: saga ]

quote:

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Originally posted by ElizaQ:
[b]Apparently outraged by their stubborn determination, Judge Cunningham of the Ontario Superior Court issued a follow-up "interlocutory" injunction on September 27th, and charged the protesters with contempt of court for defying the earlier order.[/i][/b]

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Cripes! Cunningham sounds just like Judge Marshall in Haldimand. I wonder if Cunningham also has a 'conflict of interest' ... [img]rolleyes.gif" border="0[/img]

from [url=http://www.amnesty.ca/resource_centre/news/view.php?load=arcview&article... International[/url]:

quote:

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“The situation defies justice,” says Craig Benjamin, Amnesty International Canada’s Campaigner for the Human Rights of Indigenous Peoples. “Indigenous leaders and their supporters are facing stiff punishments for doing what they feel is necessary to protect rights that may one day be upheld in court or in the land claims process. Meanwhile the provincial government is ignoring its own legal obligations without any accountability.”

Canadian courts have clearly established that whenever the rights of Indigenous peoples may be affected, governments have a legal duty to ensure that there must always be meaningful consultation to identify and accommodate Indigenous concerns. Depending on the potential impacts, courts have found that this legal duty may include other more stringent measures “to avoid irreparable harm”, including in some cases agreeing to proceed only with the consent of the affected peoples.

Shortly before the blockade began last summer, a high level provincial inquiry into Indigenous land rights disputes in Ontario concluded that “the single biggest source of frustration, distrust, and ill-feeling among Aboriginal people in Ontario is our failure to deal in a just and expeditious way with breaches of treaty and other legal obligations to First Nations.” The Ipperwash Inquiry report went on to recommend that provincial laws, policies and practices must be reformed to ensure that they are consistent with the government’s legal obligations toward Indigenous peoples, including the duty of consultation, accommodation and consent.

[b]The fact that provincial mining laws and policies are out of step with the constitutional duty of meaningful consultation is acknowledged in a January 2007 discussion paper issued by the Ministry of Northern Development and Mines.[/b] Despite this, the province continues to allow companies to stake claims and initiate exploration with little or no consideration of Indigenous interests.

In addition to the conflict over uranium mining in eastern Ontario, leaders from the Kitchenuhmaykoosib First Nation in northern Ontario are awaiting sentencing for contempt of court after continuing to oppose drilling activities in the face of an injunction. In the initial ruling in that case, [b]the court sharply criticized the Ontario government for not having “heard or comprehended” repeated court affirmation of the duty of meaningful consultation and accommodation.[/b]

Amnesty International is calling on the province to work with Indigenous peoples to undertake immediate reform of provincial laws and policies that fail to respect and uphold the duty of meaningful consultation, accommodation and consent.

The province must also take urgent measures to address conflicts arising from its past failures to uphold that duty including by:

• committing to a negotiated resolution of the dispute;

• entering those negotiations in good faith without prejudging or limiting in advance the form and extent of accommodation required to respect and protect the rights of the Algonquin people; and

• taking measures in collaboration with the Algonquin people to ensure that their rights are not harmed while such negotiations are under way.

In the event of an appeal, Amnesty International urges the province to ensure the court is made fully aware of the underlying rights issues at stake, including the province's constitutional duty of consultation, accommodation and consent.

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So, maybe I missed this, but I assume they're going to appeal these sentences? I just skimmed the thread again and didn't see any mention, but again, I might have just missed it.

Email update...

*A fundraising meeting is planned for this Thursday evening, 8pm at 99 York
Street* Kingston

*Sent:* Sunday, February 17, 2008 12:16 PM
*Subject:* Preventing Uranium Mining ... Please take action

Dear Friends,
I'm guessing you've heard by now the outcome of last week's court case
regarding the Ardoch Algonquin First Nation's efforts to protect 30,000
acres of land north of Sharbot Lake from an open pit uranium mine. Bob
Lovelace has been incarcerated and hefty fines were laid against the
Ardoch
Algonquin First Nation and their co-chief, Paula Sherman. I was in court all
day Tues, Thurs & Fri and I can tell you that this judge's harsh decision
was egregiously misinformed. Justice was not served.

For now, a few things are happening:

1) I'm taking orders for NO URANIUM T-shirts as a fundraiser - cost is a $12
- $15 donation - email back with a size and whether you want white or yellow

2) A demonstration in support of the political prisoner Bob Lovelace is
planned for Saturday, Feb 23 at 11am at the Quinte Detention Centre
(Napanee) - email back if you can attend and have room in your car for
others

3) Get yourself on the Uranium News list to keep up to date - email
[email protected] and ask to join the list

4) Visit [url=http://www.ccamu.ca]www.ccamu.ca[/url] and become informed about the history of this issue
and the dangers of mining uranium

5) Letter writing campaigns to papers and politicians have started - email
back if you want samples of letters

6) Bob's students at Queen's have set up a Facebook page (the group is
called "Free Bob Lovelace") and are writing letters to Karen Hitchthingy in
order to get the university to put out a statement condemning the judge's
decision and to support the moratorium on uranium mining - if you are
connected to Queen's please support these actions

7) A second round of contempt charges will proceed against Bob as well as
Frank Morrison (the private landowner who first asked for the Ardoch's
assistance) and David Gill (a Christian Peacemaker) and John Hudson
beginning March 18th in Kingston (Court St) so please show up at court for
at least one hour to show the court that this is of interest to a broad
spectrum of the community.

8) A Citizen's Inquiry into the Uranium Cycle is planned for April 8-10th in
Kingston at Queen Street United Church (corner of Queen & Clergy) - we need
people to make submissions (written and if you wish a 10 minute oral
submission) on various aspects of the social, environmental, political,
etc,
implications of uranium - email back for the information package and
submission guidelines or if you can volunteer to help out.

9) The drill will be going in to the Robertsville site to begin drilling but
we don't know when. Let me know if you are willing to be available as an
observer should we need to assemble in order to peacefully and
nonviolently
witness and contest the arrival of the drill. Please read the following
statement issued to us from the OPP so that you are informed. We don't
want
more people risking contempt charges:
*STATEMENT FROM OPP, FEB 15, 2008: "Pursuant to the court order, anyone
within 200m of the gate, or any Frontenac Ventures employee at the site,
can
be arrested and charged with criminal contempt. As well, anyone
obstructing
Frontenac Venture employees or equipment can be arrested and charged with
criminal contempt. Buildings and/or structures may not be within 500m of
the gate on Roberstville Road or Hwy 509."*

10) A fundraising meeting is planned for this Thursday evening, 8pm at 99
York Street... please contact Susan Delisle at [email protected] if
you
plan to attend.

Please take action on at least one of these items above and please forward
this email widely to your contacts. This is a crisis that involves the
intersection of social justice issues, environmental issues, First Nations
issues, and Human Rights issues... it matters to all of us.
Many thanks,

contact via [email protected]

[ 19 February 2008: Message edited by: saga ]

Thanks for posting hawk. I hope you can appeal. I cannot believe that these rulings will stand. All the best!

[url=http://www.cnw.ca/fr/releases/archive/February2008/20/c4323.html]http://...

NAN demands Ontario settles Ardoch land dispute
THUNDER BAY, ON, Feb. 20 /CNW/ - Nishnawbe Aski Nation (NAN) Grand Chief Stan Beardy demands the Premier of Ontario negotiate a settlement regarding the ongoing land dispute on traditional Ardoch Algonquin First Nation (AAFN) territory, rather than using the courts to delay a political solution.

"The solution to unsettled land claims is not jail time or fines," said
NAN Grand Chief Stan Beardy. "We're in a situation where First Nation people are being criminalized for practising constitutionally protected Aboriginal and treaty rights - our way of life on the land. These extreme positions by Ontario to support court proceedings rather than negotiating settlements could seriously jeopardize new meaningful relationships not only in Algonquin territory, but across the province."

Beardy's comments come after AAFN negotiator Robert Lovelace was
yesterday sentenced six months in jail and fined $25,000 for his participation in a peaceful protest over uranium exploration on Algonquin traditional territory (eastern Ontario).

The actions leading to yesterday's sentencing of the AAFN member are
comparable to James Bay Treaty 9 community Kitchenuhmaykoosib Inninuwug (KI) and its litigation between mining exploration company Platinex Inc. and the Government of Ontario - a story that's made national news since the northern First Nation community approx. 600 km north of Thunder Bay was hit with a $10 billion lawsuit in February 2006 after requesting Platinex Inc. remove drilling equipment from their traditional territory. Similar to the situation in eastern Ontario, KI leadership currently awaits an expected April 2008 sentencing for a December 2007 contempt charge as they fulfill their sacred responsibility to the land.

"What the Government of Ontario and general public need to realize is
that our people have a sacred responsibility to the land. It's not that we
operate outside of Canadian law, however the laws of our lands come first," said Beardy, adding that injustice at Ardoch and with KI is a threat to justice for First Nations not only within Ontario, but across Canada. "The court decisions coming out of Ardoch and KI affect all First
Nations," said Beardy. "What kind of message is the Government of Ontario sending when it consistently ignores Supreme Court of Canada rulings to consult and accommodate First Nations prior to development?"

Nishnawbe Aski Nation is a political territorial organization representing 49 First Nation communities part of James Bay Treaty 9 and Ontario portions of Treaty 5.

Provincial Crowns have a duty to consult and accommodate.

Justice Cunningham ignored Ontario's failure to consult, ignored the Canadian right to non-violent protest, ignored the Crown's refusal to acknowledge environmental challenges to the dangerously outdated Canada Mining Act and ignored implied threats by Frontenac Ventures to enlist armed (and therefore potentially violent) security to deal with First Nations peoples and their supporters.

So in retrospect this means that we can expect a Justice Cunningham type decision to come to a court near you.

I would like to also add this type of decision making is not limited to just Haudenoshonee but to all people.
When the rights of one person is squashed in the legal system all rights have been for all people violated.

But then this is IMO

Conservative MP Chris Reid and Conservative MPP Randy Hiller speak out about the decision in Sharbot Lake and send support for Bob Lovelace.

[url=http://www.youshare.com/view.php?file=Hillier_Reid_21Feb08.pdf]http://ww...

"Although we cannot be present today in Napanee, we want to make it clear that as your elected representatives in federal and provincial parliaments, we find the decision handed down on February 15 by Justice Doug Cunningham to be a grave injustice."

.......................................

"...it is our view that the combination of fines and imprisonment imposed by the judge is grossly disproportionate to Mr. Lovelace's act of civil disobedience, and therefore violates his right under section 12 of the Canadian Charter of Rights and Freedoms, "not be subjected to any cruel and unusual punishment."

The Ontario Government has failed in it's obligations to update the Mining Act to reflect legitimate property right concerns, aboriginal concerns, and environmental concerns. Justice Cunninghams decision
compounds these problems, and serves to bring the administration of justice into disrepute. We will continue to to voice our opposition until these wrongs are set right."

[url=http://www.intelligencer.ca/ArticleDisplay.aspx?e=913913]http://www.inte...

Protesters had no other option
Posted -50 sec ago
I am writing after hearing the news of the sentencing of the protesters at Robertsville, near Sharbot Lake, for contempt of court after they went against a court injunction. All involved understood that contempt of court was a serious offence but from what I have been reading on the government websites and the website of Frontenac Ventures Corporation (FVC) themselves, this was a situation where the people only had one course of action and that was to protest.

The judge was unfairly harsh in his sentencing, especially when you consider that a man who was convicted of hit and run causing death in the past year or so received only a six-month sentence for his crime in Ontario.

Not only jail time and hefty fines attached but the judge has declared that he will not accept the mining act defence in which there must be consultation with the aboriginal people when mining claims are on unsettled Crown land. This is not justice.

His actions take us right back to the beginning of human rights when people had to fight to have their rights recognized differently than "normal" Canadian people and also wipes all the work done for aboriginal people's fight for self government.

There are a few other things that your readers may not be aware of: 1) Under the Mining Act, the company that buys the mining rights is also able to buy the rights to private properties. This means as a land owner you own just that, the companies purchase the rights to look for minerals in your land, they can go in and dig it up and tear up whatever is in their way. They are still required to get permission from the land owners but refusal is limited and this did not happen in the case of the home owners in Robertsville. The company violated the law and the only ones being held accountable are the protesters.

2) Also under the Mining Act, these companies not only get the rights to the land but they get the rights to the land under the water, so they can dig up the waterfront too. Uranium is the worst as it is radioactive and once disturbed stays active for many years. Every citizen of every city should be concerned about this and should contact their city and government officials and ask them to place a moratorium on uranium mining. Not for a year or two, but for as long as humanly possible.

Also, send "shame" to the judge in Kingston for his biased sentencing of protesters who did try to work things out legally, and his failure to punish FVC for its actions.

Peter Vance

Trenton

quote:

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Retired chief stoic behind bars

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Puke!

Robert Lovelace ought to be viewed for what he is: a political prisoner. His imprisonment and the rape of First Nations land by white owned resource industries ought to stand as testament to the false democracy that is our political system.

Every Canadian who believes in justice, freedom, and the ... [i]oh! oh! American Idol is on![/i]

"Guess who came to our jail this week?'
Posted 40 mins ago

Having grown up in Kingston Ontario, I am familiar with the vista of prisons dotting my hometown landscape. That is why now, being a fairly new Lindsayite I can say having a maximum-security prison in my backyard did not bother me in the least. Until now. After moving here two summers ago, I was hired at Fleetwood Canada and began my factory career at Plant #2 on Hwy #36, a hop, skip and a jump from the front door of the Central East Correctional Center (The Lindsay Pen). I remember sitting outside the factory doors having my lunch in the sun and gazing over at the sprawling grey buildings and wondering what people did to get themselves thrown into a place like that. Violent crimes came to mind, of course. Criminals incarcerated for crimes like rape, robbery, murder surely.

This last Saturday, I discovered something that shocked and saddened me greatly. I attended a rally in Napanee, Ontario for a man named Robert Lovelace. He is a leader of the Ardoch Algonquin First Nations people near the Sharbot Lake area north of Kingston, Ontario. Professionally, he is a well-respected and admired professor at Queen's University, Fleming College and Trent University. He has, for the last year, with his people, along with many community based "settlers" been trying to stop an Oakville-based company, Frontenac Ventures Corporation, from exploring a 5,000-hectare site near Clarendon Station, to see if mining for uranium will be possible and profitable. A prominent use of uranium from mining is as fuel for nuclear power plants. These mines threaten people and the environment due to their release of radon gas and seepage water containing radioactive and toxic materials that have been proven to be cancer-causing and environmentally devastating. The waterways that would be affected are not only the local lakes and rivers but also lead into the St. Lawrence and Mississippi Rivers. The laws that dictate these mining procedures are antiquated to put it mildly (literally from the 1800's) and do not take into account any of the issues that now face our ever increasingly desperate, dying environment.

Mr. Lovelace, 59, was found guilty of being in contempt of court and sentenced to six months in jail, as well as staggering fines (potentially up to $450,000 for he and his tribe) because he defied a court order by staging peaceful protests at the potential uranium mining site during the fall and late summer of last year all in accordance with Native law. He and his people are being punished for standing up for their rights and laws. Originally being held at the Quinte Detention Centre in Napanee, where the rally to protest this outrageous sentence was held, the powers that be decided to move the "political prisoner" (others include such men as Mahatma Gandhi and Nelson Mandela), to a more "secure" location deciding that Ontario's newest, maximum-security prison would be just the ticket to hold such a "dangerous" criminal. Having now set the court precedent, members of the KI tribe north of Thunder Bay, dealing with the same situation, must wait patiently for their sentencing on these same issues, and not much hope is left that they will escape a similar fate. The chief has been quoted in saying that he will "lay down my life for my land if necessary, because without my land there is nothing worth living for."

My adolescent thoughts about dangerous criminals behind bars have been irreparably shattered as well as my na‹ve confidence in my Ontario government who have not only stood back and done nothing to stop this potentially devastating atrocity from occurring but rather have already agreed to let Frontenac Ventures explore for the toxic substance on this unceded land. So, as Bob Lovelace, a kind, concerned and peaceful professor, who cares so much for our land and humanity, sits in his dingy cell surrounded by cold steel bars, I sit in my living room on my comfy leather couch looking out at my little patch of greenery in my backyard and wonder what I would do if one of my neighbours started digging it up and dumping his toxic waste on MY land.

To Bob, thank you for looking out for us!!

To Dalton McGuinty, I am going to hold you to your election promise of "clean air and water for all Ontario people!" For more information on this issue go to [url=http://[email protected].]www.uraniumnews@mail.ccamu.ca.[/url]

Genevieve Comolli

Regent Street

Shabot Obaajiwan Press Release

February 29, 2008

Shabot Obaajiwan War Chief announces renewed resolve in the wake of Lovelace's Sentencing

Earl Badour, condoned war chief of the Shabot Obaajiwan First Nation, announced his solidarity today with Robert Lovelace, former co-chief of Shabot's sister community, the Ardoch Algonquin. Lovelace was sentenced to six months in jail and fined $27,000 for his role in the ongoing protest against the proposed uranium mine just north of Sharbot Lake. Five other leaders from both the Ardoch and Shabot Obaajiwan First Nations accepted a series of "undertakings" in the hopes that their sentencing would be more lenient. Badour, who has been fighting the uranium mine since the initial mine site occupation last June, will face sentencing on March 18th for the same civil contempt charges that put Lovelace behind bars.

Badour is outraged by the extreme sentence levied on Lovelace: "The judgement was very harsh for a man that took a principled position on Native rights, for a man who is simply trying to fulfill his obligation as a Native person under Algonquin law to protect mother earth and the life forms that inhabit the earth."

"This fight is far from over," says Badour, who remains committed to ensuring that Algonquin lands remain free of uranium mining. "We will fight the next phase of this battle at the political level," says Badour, who will be spearheading the Shabot Obaajiwan campaign to further publicize both the government's failure to fulfill its duty to consult and accommodate and the environmental impact of uranium mining at the top of the Ottawa Valley watershed. "This is first and foremost an environmental issue. Uranium mining is one of the most environmentally devastating forms of mining there is."

For the Shabot Obaajiwan the prospecting, exploration, and drilling sequence of Frontenac Ventures Corporation on the Frontenac track represents a clear violation of their rights. The Shabot maintain that under section 35 of the constitution the government has a legally binding duty to consult and accommodate First Nations people before issuing land use permits on their lands. The Shabot Obaajiwan have consistently demonstrated their willingness to engage in discussion with the government. In fact, Shabot leaders agreed in October 2007 to end the blockade in order to engage in mediation with both the government and the exploration company. However, after a number of meetings, the government made clear that drilling would occur on the Frontenac Track regardless of First Nations concerns. This illustration of bad faith on the part of the government was a direct indication of its lack of respect for First Nations rights, values, and concerns.

As the Shabot Obaajiwan people have made clear, there is one thing that the government, private corporations, and Justice Cunningham don't understand: When the future of our children is directly threatened, we have no choice but to fight back.

For more information on the Shabot Obaajiwan fight against the uranium mine please visit [url=http://www.shabotisstillhere.com]www.shabotisstillhere.com[/url]

PS I do realize the government is trying this tactic in the hope that it works but I question whether of not it will actually work. Not if they recieve support and stay united in their goal to keep the mine from happening.

Well, I definitely see your point and I thought that when I first heard the news that the Shabot had conceded to the undertakings.

Here is where my lack of knowledge on unions come into play. Is there a constituational basis for unions being able to fight injunctions in the court system?

quote:

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From the Shabot Obaajiwan Press Release Feb 29 2008
[b]

The Shabot maintain that under section 35 of the constitution the government has a legally binding duty to consult and accommodate First Nations people before issuing land use permits on their lands. .[/b]

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I don't want to take away from Bob Lovelace's choice to fight the contempt charges as an effective and brave way to deal with this. At the same time I do hope that I am correct in my perspective that ignoring the constitutional issues would be a huge mistake. And I hope that I am not naive in my belief that both groups standing up working towards the goal of stopping the uranium mine shows that they are united or walking shoulder to shoulder in the fight.