Ardochs ‘vindicated’ after release of judgment, L. H. Tiffany Hsieh

[Steev]

Ardochs ‘vindicated’ after release of judgment
Posted By L. H. Tiffany Hsieh
http://www.kingstonthisweek.com/ArticleDisplay.aspx?e=1110621
July 11, 2008

A court of appeal has called the incarceration of a First Nations
protester too “harsh” and the fines levied on the Ardoch community
“onerous.”

On Monday, the Ontario Court of Appeal released reasons for freeing
Bob Lovelace, former chief of Ardoch Algonquin and a Queen’s
University instructor, a month ago in the case of Frontenac Ventures
Corporation vs. Ardoch Algonquin First Nation.

The judgment, signed by judges James MacPherson, Marc Rosenberg and
Kathryn Feldman, dismissed all custodial and monetary components of
the sentences as handed down by Superior Court Justice Douglas
Cunningham in February.

Cunningham set a combination of penalties for Lovelace, Ardoch co-
chief Paula Sherman and the entire Ardoch community for violating a
court order to stop protesting at the proposed Robertsville mining
site north of Kingston.

Lovelace was fined $25,000 and sentenced to six months in jail, of
which he served more than half until released on May 28. Sherman
received a fine of $15,000 and six months in jail, the latter which
she avoided by obeying court injunctions. The Ardoch community was
fined $10,000.

“There is no doubt that these are serious, even stiff, penalties,” the
court stated.

“Incarceration for professional people who are respected leaders of
their community and substantial fines for the same leaders and for an
impoverished aboriginal community are onerous penalties.”

The judgment gave several reasons for criticizing Cunningham’s
sentences as stringent. It noted the motion judge “focused exclusively
on punishment and deterrence” and “failed to refer to the mitigating
factors that were present in this case.” As well, “some account should
have been taken of the way in which the protest and blockade were
conducted,” which was “peaceful, with no violence and no damage to
property.”

It also said mining exploration on Ardoch lands are “subject to land
claim negotiations with the Governments of Canada and Ontario” and
pointed to Ontario’s Mining Act as a background factor for the case.

“It is a remarkably sweeping law,” it stated. “There is nothing in the
Mining Act about considering aboriginal land claims or interest.”

Lovelace said the Ardochs “feel fully vindicated in the position we
have taken and remain committed to our position that there will be no
mineral exploration within the territories of Ardoch without our
consent.”

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But for the Ardochs’ lawyer Chris Reid, the judgment revealed nothing
new about the case.

“The court says clearly that there ought to be negotiation and that’s
what we’ve been looking for from the beginning,” he said.

“So we’ll see if the province is going to change their position — it’s
up to the province.”

The Ardochs have been given 30 days to file submissions for their
costs, which “should be paid throughout,” Reid said.

“Whether it’s paid for by Frontenac (Ventures Corporation) or by
Ontario, we don’t really care.”