Jail didn't work; now what? -- (Editorial, plus subscriber comments) July 9, 2008, The Sudbury Star

[Steev]

Jail didn't work; now what? -- (Editorial, plus subscriber comments)
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OUR OPINION
Updated July 9, 2008


Back in March, we said in this space that throwing aboriginal leaders
in jail for protesting mining exploration on their traditional lands
wouldn't work.

It hasn't. The native leaders spent weeks in jail and were eventually
freed by the Ontario Court of Appeal, drilling on the lands in
question has not resumed, and on the same day the appeal court's
decision was released, members of the Six Nations band near Brantford
-- backed for the first time by leaders of the Confederacy (the
traditional band council) -- swarmed construction projects on claimed
land near the Grand River, bringing private construction to a halt.

All that has changed as a result of jail terms, is a demonstration of
the ineffectiveness of the courts to solve issues that arise when
natives' desire to protect their traditional lands collides with
private interests to develop or exploit those lands.

Earlier this year, six members of the Kitchenuhmaykoosib Inninuwug
(KI) First Nation near Thunder Bay and two members of the Ardoch
Algonquin First Nation in eastern Ontario were jailed for 10 and 14
weeks respectively -- they were given six months terms -- when they
protested private companies' activities on their traditional lands
(though not reserve lands). The companies involved -- junior mining
company Platinex Inc. in KI's case and Frontenac Ventures in Ardoch
Algonquin's dispute -- felt they had the law on their side. Maybe so,
but battering aboriginals with jail terms in an attempt to address
what governments won't is a recipe for failure.

In fact, that's pretty much what the appeals court said. The panel of
three judges decried the decision to "bring down the hammer" on native
bands that had already been subject to huge bills by the legal
process. The panel said jailing native leaders emphasized the
"estrangement of aboriginal peoples from the Canadian justice system."

Aboriginals' right to protest "cannot simply be dismissed as illusory,
flawed or weak," the panel said. "Imprisonment, far from being a
meaningful sanction for the community, had the effect of pitting the
community against the justice system."

The appeals court also dismissed thousands of dollars in fines against
the protesters.

To their credit, Northern Development and Mines Minister Michael
Gravelle and Aboriginal Affairs Minister Michael Bryant agreed with
the appeals court decision.

Said Bryant: "The jailing was a black cloud hanging over everything,
and not just KI and not just for (Ardoch) Chief (Bob) Lovelace, but
all across the province and arguably across the country."

True enough. Jailing aboriginals was never going to stop
demonstrations and protests, unless the province was willing to fill
the jails.

But what happens next? The black cloud remains, and it's not moving,
not even with legal injunctions.

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In Caledonia -- where native leaders, mostly from Six Nations, have
occupied a housing development for 20 months -- the situation is
stagnant.

Earlier this year, the City of Brantford sought a court injunction to
keep aboriginals from stopping construction, asking for $110 million
in damages and seeking possible intervention by the Armed Forces.

And yet on Monday, while natives brought construction to a halt in
several sites near Brantford, a city police officer called out,
"You're breaking the law. ... you're breaking the injunction."

Progressive Conservative Leader John Tory would have native bands
sued, and possibly more jailings. NDP Leader Howard Hampton has called
for withdrawal of some lands from exploration, which doesn't solve the
problem either, since no one benefits from stagnant lands, and Liberal
Leader Dalton McGuinty and Prime Minister Stephen Harper have watched
as Caledonia degenerated into a quagmire.

Land claims won't be settled until Ontarians are prepared to do so,
and politicians won't settle them until that happens.

What do you think? Visit the Sudbury Star's website at www.thesudburystar.comand
add your voice to the discussion. Or send us your opinion in a Letter
to the Editor at 33 MacKenzie St., Sudbury, P3C 4Y1, or e-mail it to
let...@thesudburystar.com
Article ID# 1106641


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wow..here we go again..

look..you have the land claims and the fact that the bands may or may
not want to work with the exploration companies..fair enough..you
can't always create a partnership like FNX and the Wanup First
Nation..but that wasn't easy either..

so..you jail the leaders - doesn't work and why should it?

what's the right answer? i dunno..but let's start with closing the
calendonia development..settle up with the developer to cover the
costs and throw some cash at the town for the troubles..i'm not saying
dump millions on them..but maybe some tax breaks and a cash injunction
for some projects maybe? put some legislation through that ensures
exploration is done through collaboration with the local bands and if
anyway has a problem..talk first - drill later!!

bring in the armed forces? yeah..that's a good answer..use our Army
against our own people..native or non-native..gimme a break..send our
troops elsewhere in the world to do some good..Darfur? Africa? Afghan?
Iraq?..but that's just me..

thing is..we mine these sites..we sell our resources to someone else
only to buy a product back again? for heaven's sake..let's make our
oun fuel..feed our country..and stop giving millions to developing
nations..help them out but take care of our own first..families do
it..why can't the CANADIAN FAMILY DO IT?

So busy helping everyone but those here in our country.


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Post #1 By ex-sudburian, 1 day ago | 0 Votes | Vote: Thumbs Up Thumbs
Down

here is a letter i got from the government about the land claims and
aboriginals:

Law enforcement agencies across Canada are prepared to facilitate
peaceful demonstrations and continue to maintain an open dialogue with
organizers, demonstrators and affected communities. In many instances,
the issue of jurisdiction adds to the complexity of the situation.

The objective of police services and police leaders during Aboriginal
protests and occupations are numerous: minimize the risk of violence;
facilitate the exercise of constitutionally protected rights,
including treaty and Aboriginal rights and the right to peaceful
assembly; preserve and restore public order; remain neutral as to the
underlying grievance; and, if possible, facilitate the building of
trusting relationships that will assist the parties in resolving the
dispute constructively.

The Government of Canada fully supports maintaining the Rule of Law in
these matters, and also supports negotiation of settlements in
accordance with its goals of achieving justice, respect and
reconciliation.

Yours sincerely,

Stockwell Day,
Minister of Public Safety.
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Post #2 By jamesbond, 1 day ago | 0 Votes | Vote: Thumbs Up Thumbs
Down

It's funny how people get so frustrated with Goverment that they feel
the need to protest and then get jailed for it but you don't ever see
strikers get jailed. Then people like the person who killed my friend
while drinking and driving only got a few nights in jail until his
bail and the sentance was only two years probation (a typical non-
violent protestor sentance) or a woman who attends LU killed one and
another passenger lost an arm she only got probation as well.
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Post #3 By withheld, 1 day ago | 0 Votes | Vote: Thumbs Up Thumbs Down

jamesbond: Why did you receive this letter? Just curious.
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Post #4 By lanny, 23 hours ago | 0 Votes | Vote: Thumbs Up Thumbs Down

"Land claims won't be settled until Ontarians are prepared to do so,
and politicians won't settle them until that happens."

In actual fact it is not up to Ontario or Ontarians to settle land
claims. That is the sole responsibility of the Federal Government.
They are the Crown representatives charged with negotiating land
claims.

There is lots of information about land claims at
http://www.ainc-inac.gc.ca/ps/clm/bkgrnd-eng.asp .

"Specific claims deal with past grievances of First Nations. These
grievances relate to Canada's obligations under historic treaties or
the way it managed First Nations funds or other assets. For example, a
specific claim could involve the failure to provide enough reserve
land as promised in a historic treaty or the improper handling of
First Nation money by the Crown. Canada completes a thorough review of
the facts of each claim to determine whether it owes a lawful
obligation to a First Nation. To honour its obligations, Canada
negotiates settlements with the First Nation and (where applicable)
the province. These settlements provide First Nations with fair
compensation to resolve the claim once and for all. Through these
settlements, First Nations in turn provide Canada with releases to
ensure that the claim can never be re-opened."

Since I live in Haldimand County which seemed to be part of the focus
of your story together with Brant County let me give you some insight
into the Land Claims situation. There are 28 Six Nations claims
related to lands along the Grand River from its mouth to its source.
Four claims have been validated to date and an offer has been tabled
by the Federal Government for $125 Million to settle those four
claims. That offer was made over 1 year ago with no response from Six
Nations to date. The Federal Government decided to take one of the
claims it considered simpler to deal with and made an offer for the
Welland Canal flooding of $26 Million a little over 6 months ago.
Still no response from Six Nations to date. You cannot have
negotiations if one of the parties at the negotiations refuses to
negotiate or even table a counter offer.

The Provincial Government has no ownership of the land claims process.
They are though responsible for the Land Title System of Ontario and
the deeds that everyone in this Province hold for their land. In both
Haldimand and Brant Counties the Provincial Government has stood by
while privately deeded land is being trespassed on, occupations of
privately deeded land engaged in, threats to shut down development
projects unless fees are paid to Six Nations on privately deeded land.
The Province has stated it stands behind its Land Title System yet
they stand by and do nothing to stop the occupations and interference
with activities on that privately deeded land by representatives of
Six Ntions. This not only is leaving property owners at the mercy of
those who would try to squeeze money from them but puts the whole Land
Title System in question.

These occupations and potential criminal activity will do nothing to
further Land Claim talks with the Federal Govvernment. This activity
if continued to be allowed by the Province will surely damage the
economy of Ontario even more than it is already damaged by effectively
shutting down all relevant economic activity in Brant and Haldimand
Counties.

Maybe someone can explain to me and those in Haldimand and Brant
County what the motivation would be of the McGuinty Government in
hanging these two counties and their deeded landowners out to dry?


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Post #5 By Haldimand, 22 hours ago | 0 Votes | Vote: Thumbs Up Thumbs
Down

The province has a responsibility that they are evading, a 'Duty to
consult' with First Nations about all development on their traditional
lands.

It is Ontario that is approving developments illegally, without the
required consultation.

Yes, the feds must resolve the land claims. However, the larger issue
is that Indigenous Peoples are entitled to "A say in development and a
share in revenues" on ALL of the land they held at 'European contact'.
That is the province's responsibility.
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Post #6 By grannysaga, 19 hours ago | 0 Votes | Vote: Thumbs Up Thumbs
Down

First Nations Peoples want to be able to walk their lands in the
confidence that they will never be stolen, that they can make a good
living from the bounty of their lands. Why? The soil of the native
peoples lands is made of the blood and bones of our native ancestors
and our life is bound up in these lands. The government only provides
enough to keep Reservation natives from dying quickly so dont say
reservations are resort areas. The government wants Natives to
disappear so their lands may be taken and profited from by the
government. The government thinks nothing of supplying natives on
reservations (Concentration Camps) with bad water, runeusly expensive
food and other supplies. In the 1800's and early 1900's natives were
thought of as an impediment to progress and little concern was given
to their survival. In fact there were programs to depopulate the
native lands. For instance making healthy native children in
government schools live in close quarters with native children
infected with the "White Plague" Tuburculosis and the "oh so generous"
giving of blankets from white mans small-pocks sickrooms to natives.

So many people think reservations are places where natives get free
food and housing along with many other benefits. On the contrary,
reservations are places of Death, Suicide, and Hopelessness. People
think natives get lots of money and benefits. Actually Native peoples
get racisism, theft of their lands, developement of resources on their
lands that are deadly to those natives living near the resource
developement.

In the final analysis nothing that Canada or Canada's predecessors has
done "to" the native peoples of peoples has been for their benefit.
There has been a concerted effort to take their lives, their lands,
their culture, and their self respect during the total colonisation
process.

Native only want the lands they cheated out of, lands that were stolen
from by misleading government treaties made with natives who could not
understand english or french. Native peoples want to be proud of their
heritage.
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Post #7 By Algonquin victim, 17 hours ago | 0 Votes | Vote: Thumbs Up
Thumbs Down

Society has progressed and in this democracy the majority of the
voting and tax paying public is becoming tired of terrorist tactics
utilized by natives to impose their beliefs. Natives can be proud and
celebrate their past but must understand that they must adapt to
modern society as we will not turn back the clock to appease them.
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Post #8 By marcel mucker, 15 hours ago | 0 Votes | Vote: Thumbs Up
Thumbs Down

Throwing them in jail would work. It didn't work because someone let
them out. You jail the leaders, and then you jail their replacements,
and then you jail their replacements, and so on and so on, until
someone is smart enough to realize that you are serious and that we
all need to live by the rule of law, and you know longer have any
replacements. Problem solved.
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Post #9 By Donovan1, 13 hours ago | 0 Votes | Vote: Thumbs Up Thumbs
Down


If you think jail is the answer, you don't understand the question.
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Post #10 By grannysaga, 5 hours ago | 0 Votes | Vote: Thumbs Up Thumbs
Down