PROVINCE ORDERED TO JOIN IN COURT ACTION:Brantford, Six Nations INJUNCTION HEARING Posted By SUSAN GAMBLE, EXPOSITOR STAFF Posted 6 hours ago Justice Harrison Arrell ordered the province to join the court action that's part of Brantford's ongoing push for an injunction against native protesters. Lawyers for all others involved in the motion consented to the judge's order Friday. When lawyers for Ontario show up March 17, the judge plans to hear from everyone about how the province's involvement will play out. "Provincial participation will be determined after hearing submissions from all parties," Arrell said. He has already warned the city and Six Nations that his inclination is to order a court mandated consultation process that will force the parties to negotiate a settlement with one another. The city has been pushing for a long-term injunction against native protesters at development sites in Brantford, and have filed a $110-million court action against some of the protesters and the Haudenosaunee Development Institute. Brant MPP Dave Levac said the province will be fine with the judge's order. "We're ready to enter into negotiations at the level the judge is talking about," Levac said Friday. "We're already talking about a memorandum of understanding so I don't see why we wouldn't be a willing participant." Earlier this week, Levac opposed a private member's bill from MPP Toby Barrett, pushing for an inquiry into protests in Caledonia. Levac called the bill ill-advised and said it's premature to insinuate an injunction is an appropriate way to deal with protesters at this time. On Thursday, the judge and the lawyers involved pondered how a mandated consultation could proceed. They made suggestions about how long it might go on, how often they'll return to the court for guidance, who will pay if a negotiator is needed and what kind of provision will be included for emergency flare-ups. Arrell said he's likely going to have consultations include some future development and is unlikely to freeze development until a decision is reached on the injunction. "For you to tell me 'no permits' until I reach my decision is not feasible," Arrell told Lou Strezos, the lawyer for the Haudenosaunee Development Institute. "What I'm trying to do now is simply strike a balance. "You talk, Mr. Strezos, about a lot of good faith. I'm going to order (your clients) to consult and I'm going to order you people to try and settle this and if you don't settle it, you come back to court." The hearing continues Tuesday at 11:30 a. m. in Superior Court. More updates here ...

Strahl (Indian Affairs) must answer for Barriere Lake decision

http://www.ckrz.com/webpage%20news.pdf The Federal Court has green-lighted a legal challenge of Indian Affairs Minister Chuck Strahl's intervention in a nasty leadership dispute on a Quebec reserve. Judge Russel Zinn set aside Tuesday an earlier ruling that struck down an application to judicially review Strahl's exclusive support of a new chief at Barriere Lake. The tiny community about 300 kilometres north of Ottawa has drawn riot police to the scene of road blockades over leadership and forestry disputes stretching back more than a decade. At issue in this case is the decision by Strahl's department last Jan. 31 to recognize and “conduct its relationship” with Chief Casey Ratt and four councillors. Ratt is accused by his detractors of breaching the band's customary election code and deposing interim chief Benjamin Nottaway. Nottaway was recently sentenced to 45 days in jail for his role in related protests that blocked part of Highway 117 outside the impoverished reserve of about 450 people. Ratt has publicly dismissed the so-called leadership crisis as the sour grapes of failed leaders who are no longer in charge. He says he first agitated for a leadership review last year after Nottaway's backers shut down the band school. Ratt has accused his rivals of using local kids as pawns in a complex political battle with the province and Ottawa. It includes a protracted fight for a share of forestry and other resource revenues estimated to be worth $100 million a year on traditional Algonquin territory. Ratt's house burned down in a manner he describes as suspicious, and he has accused his opponents of trying to bully him off the reserve. His challengers, led by the elders council of Barriere Lake, now want a court review of Ottawa's support for his leadership. The Federal Court decision Tuesday paves the way. “In my view, it is open to the applicants to argue that (Strahl), when he decided that in dealing with (Barriere Lake) he would deal with the Ratt council, made or purported to make, a decision under the Indian Act” that is “reviewable,” Zinn ruled. The elders council and Indian Affairs “ought to be permitted to make full submissions to the court on all of the issues raised in the application,” he wrote. David Nahwegahbow, lawyer for the elders council, said the ruling is “quite a relief.” “The minister tried to say that basically they didn't make a decision, that all they did was sort of receive the (leadership) results and put them in the filing cabinet. That was pretty bogus. “What I thought was quite dangerous was that the minister made a decision as to who he would conduct his relationship with. And if you . . . analyze the implications of it, basically then the minister could decide who he wanted to deal with in terms of . . . setting up a treaty or making any kind of an agreement.” It was not immediately clear whether Strahl would appeal the Federal Court decision. “Because it's still before the courts it would be inappropriate to comment,” said Patricia Valladao, a spokeswoman for Indian Affairs. (The Canadian Press)

Six Nations: Onus for peace lies with Brantford Onus for peace lies with the city BRANTFORD AND SIX NATIONS

Re: "An obvious resolution" (Brantford vs. Six Nations) http://www.brantfordexpositor.ca/ArticleDisplay.aspx?e=1369685

Of course there's an obvious resolution. The number of attempts at an accommodating and respectful dialogue on the part of Six Nations council and, of late, the Confederacy council with Brantford Council, is unknown. Suffice to say, so many attempts were made that we have lost count. If, as the editorial suggests, there is a way, someone should make great haste and inform Brantford city council because we of Six Nations have been attempting that 'better way' for quite some time now.

Quoting from the Editorial;

1. "Native protesters should resolve to consider the impact of their actions on people who have no ability to settle the land claims fuelling their unhappiness."

2. "City council should resolve to pursue a more conciliatory approach with Six Nations."

Simply put. If City Council had complied with the law as handed down by the Supreme Court of Canada, and entered into meaningful consultation with Six Nations, quote NO. 1 would be rendered moot.

How many times does The Expositor feel Six Nations should be the one to hold out the olive branch to Brantford? Thirty times? Fifty times? One hundred times? How about 150 times (probably more) over the past 150 years?

Let me tell you this, the number of times Brantford has extended an olive branch to Six Nations can be counted on one hand. (Figuratively speaking of course). In reality, very, very few times by comparison.

We have always shown our respect toward Brantford council in our many, many peaceful submissions, delegations and presentations, which clearly showed Brantford of our willingness to work together ... only to be ignored. With regard to the intent of this editorial, I would respectfully but strongly suggest the onus lies with the city of Brantford if peace is to be achieved.

C. Orville Garlow Ohsweken

OOPS! It's a criminal offence! Full trial for Gary McHale

Procedural error postpones McHale's trial The Hamilton Spectator (Nov 22, 2008) The trial of Caledonia activist Gary McHale has been delayed because of a procedural error by the prosecutor. McHale is charged with counselling to commit an illegal act, in this case, mischief. The charge stems from a Dec. 1, 2007 rally involving Caledonia and Six Nations residents which turned violent. McHale's trial started Thursday, but was halted yesterday after the error was brought to the court's attention. Assistant Crown attorney Mitchell Hoffman said the Crown had been proceeding summarily on the charge, which would have meant a less serious punishment if McHale was convicted. However, after discussing the issue with Ontario Court Justice Bernd Zabel, the court determined the charge was indictable, which means McHale could choose to have a preliminary hearing and a trial by judge and jury, or a trial by judge alone. Zabel told McHale he could take the weekend to decide how to proceed.

Caledonia man accused of threatening Six Nations boy Tekawennake News October 1, 2008 Charges have been filed against a Caledonia man for uttering death threats to a 10 year-old Six Nations boy last weekend near the Kanonhstaton site. At around 10am, Sunday morning, a group of eight Six Nations residents including six adults, the 10 year old and a woman were performing a protection ceremony around the parameter of the former Douglas Creek lands now known as Kanonhstaton. The precaution was prompted by an earlier incident, during which Dave Brown, a man reportedly with mental problems (sic) who lives in a house on Argyle Street which abuts the Kanonhstaton land, had driven erratically near the land and tore down a native flag from the reclamation site while shouting racial motivated epithets at those within the grounds. Fearing a repeat of the incident the group began a ceremonial sprinkling of tobacco around the parameter of the contested land for spiritual protection. “We were at the western edge of the site behind a residence, between a high wooden fence at the back of a man’s property and a chain link fence at the edge of the railway property,” said Philip W. Skye. According to his account and that of Dawn Smith, who were among the group, most had already climbed the chain link fence onto the railway tracks heading towards the burnt bridge except for the boy and his father, who was helping the lad over the fence. The homeowner, who would only give his name as Dave, appeared over his fence with a police issue billy club and ordered them off his property. “I told him that our intent was purely peaceful and that we would be out of his way in a moment when the boy and his father got over the fence,” said Skye. “This guy started hollering threats at us and waving the club around,” says Skye. “He said, ‘Keep your kids off my f-ing property or I’ll probably just kill them.’” According to Skye and Smith, the man raised the club in a menacing fashion over the boy, scaring him to tears. At this point Skye went back to help the young man over the fence, and told the man he would be pressing charges against him for threatening the boy’s life. “He said go ahead and try to charge me,” said Skye. “I asked him if he understood what I had just said and he said that he did.” After the boy and his father finally got over the fence, they went to the front of the gate at Kanonhstaton site and met with police, where the complaint was filed. “I went to the Cayuga Detachment and recorded a video statement with a police woman named Julie Lord.” said Skye. The charge of ‘uttering threats with intent’ was formally filed at that time. Police are investigating the incident. Background David Hartless is a resident of Caledonia living near the reclamation site. He is a police officer in Hamilton. He was previously very publicly involved in Caledonia protests of the reclamation. He is assumed at present to be the "Dave" wielding the "police issue billy club" ... Friday, February 23 2007 Hamilton Spectator Op-ed: According to Susan Clairmont, Constable David Hartless is the subject of a discreditable conduct investigation under the Police Services Act after he wrote an open letter to Premier Dalton McGuinty blasting him and the OPP for their lack of leadership in Caledonia. http://ecs5131.blogspot.com/2007/03/mainstream-media-february-2007.html

Janie's update: During Kenneth (Sleeper) Greene's bail hearing it was made public the Tactical Response Unit (the group of snipers sent in when Dudley George was murdered) was sent in to Kanonhtstaton on a "practice run" on or about September 5, 2008. TRU was dressed in camo gear and driving ATVs. They then moved onto Kanonhstaton to arrest Kenneth Greene on September 19, 2008.

It's frightening to realize the lead officer in this incident, under oath, stated he thought the Ipperwash Inquiry/Findings were not applicable in Caledonia. He also stated he at no point consulted ANY Haudenosaunee to discuss the potential arrest. They only person he tried to contact was Lynda Powless.

There was also NO investigation into the allegations of Kenneth Greene having a weapon. (When he was arrested the officers did not search Mr. Greene's living quarters or the building where he was arrested. Mr. Greene's accuser was later involved in an incident at Kanonhstaton where he threatened two women physically and sexually. Mr. Greene's accuser was also witnessed pouring gas on his own home and attempted to set fire to it as well. This man was detained by police and sent in for a mental assessment.

It was the accuser's (and his wife's) allegations that was the determining factor in the unlawful and unjust arrest of Kenneth Greene. Mr. Greene did make bail today at the Cayuga Courthouse. He was arrested immediately by Six Nations' Police for allegedly threatening the Turtle Island News Editor/"Haudenosaunee Media Liaison" Lynda Powless. It was video footage from one of the Turtle Island reporters broadcast on Youtube and another Turtle Island News' reporter's pictures that was also a determining factor for the police to attempt to identify Mr. Greene.

Mr. Greene will be up for bail again in Brantford Court tomorrow regarding the alleged threat to Turtle Island News Editor/"Haudenosaunee Media Liaison" Lynda Powless.

CROWN BUYS FANTINO'S SILENCE WITH BRANT'S FREEDOM: TMT Support _________

MSM reports ...

No more jail time for Shawn Brant

Aboriginal activist found guilty

By THE CANADIAN PRESS

Last Updated: 29th September 2008, 3:10pm

BELLEVILLE, Ont. — Aboriginal activist Shawn Brant will not spend any more time in jail for his actions in two blockades last year near Deseronto, Ont.

In an unexpected move, what was to be the start of three weeks of pretrial motions in the case turned into a 30-minute trial Monday morning in Belleville.

Judge Stephen Hunter found Brant guilty of three counts of mischief exceeding $5,000.

Brant was charged for an April 2007 protest that halted rail traffic on CN Rail’s main line, and for leading a blockade during last year’s aboriginal day of action in June that shut down Hwy. 401.

Brant was sentenced to 57 days of pretrial custody, a 90-day conditional sentence and one year of probation.

During his probation, he is banned from participating in or organizing any unlawful protests and owning weapons — with the exception of those used for aboriginal hunting and fishing.

http://www.torontosun.com/news/canada/2008/09/29/6922006.html

Mohawk protester Brant gets light penalty for blockades Last Updated: Monday, September 29, 2008 | 1:54 PM ET

http://www.cbc.ca/canada/story/2008/09/29/brant-charges.html?ref=rss Facing numerous defence motions that would have laid bare police actions, the Crown dropped most charges Monday against an aboriginal protester who helped organize a blockade last summer of an Ontario highway and rail line, and agreed to a slap-on-the-wrist-penalty for the remaining ones. Shawn Brant, a Mohawk from the Tyendinaga Territory near Desoronto, Ont., was facing nine counts of mischief and breach of bail conditions for his role in two demonstrations: the June 29, 2007, national day of action for aboriginal peoples and an earlier event in April 2007. Both protests saw the temporary closing of the CN Rail line that carries Via Rail trains from Toronto to Ottawa and Montreal. The day of action also resulted in the shutdown, for several hours, of Highway 401 and Highway 2. On Monday, as part of a deal with the defence, the Crown dropped all but three of the mischief charges, on which Brant was found guilty. Even though the Crown had previously announced it would seek a jail sentence of 12 years, it agreed to have Brant receive a sentence of time already served in pretrial detention, plus a 90-day conditional sentence to be spent on his reserve. Brant said outside court he accepted the deal for the sake of his family. It means the Ontario Provincial Police's "illegal actions" in handling the protests will remain secret, he said, though it will mean OPP Commissioner Julian Fantino will have to face questions about his conduct. "Commissioner Fantino has always said he couldn't comment because it's before the courts. Well, now it's settled, and it's time the public hears from Mr. Fantino," Brant said. OPP's 'broken promises' Brant's lawyer Peter Rosenthal was preparing to argue in court in Napanee, Ont., on Monday that, in the case of the April 2007 demonstration, the OPP had agreed not to charge Brant if the blockade was lifted peacefully and promptly — which he says it was. But police broke their promise, Rosenthal's defence motion said, at Fantino's insistence because of his "personal and political attitude towards Brant." (In a wiretapped phone conversation, Fantino would later threaten Brant that "your whole world's going to come crashing down" because the OPP chief would "do everything I can within your community and everywhere to destroy your reputation.") The motion to have the resulting charges dismissed argued that "the breaking of the OPP promise of immunity must be considered in the context of the long history of broken promises made by Canadian governments to First Nations peoples in Canada." The defence also would have challenged the constitutionality of the Criminal Code's emergency wiretap provisions, which the OPP used during the national day of action for aboriginal peoples to bug the phones of Brant and his fellow organizers. Section 184.4 of the Criminal Code authorizes wiretaps without a judicial warrant in "exceptional circumstances" – namely when the situation is too urgent to get a judge's permission and there is a threat of a crime causing serious harm to any person or to property. But the OPP knew days ahead of time about the planned day of action protests, meaning there was no reason not to get a judge's approval beforehand for the phone surveillance, another defence motion said. Land dispute Tyendinaga Mohawk leaders are in talks with a federally appointed land claims negotiator to try to resolve their dispute over more than 400 hectares of land on the Bay of Quinte in Ontario – about 25 kilometres east of Belleville – including the site of a quarry and other businesses. The Mohawk community has been negotiating with the federal government since 2003. Protesters are angry that gravel continues to be hauled off parts of the land while negotiations are ongoing. The protesters, who say talks are progressing too slowly, began an occupation of the quarry in March 2007. Before Monday, Brant had been free on $100,000 bail, amid tight conditions, since Aug. 31

More ...

It is the efforts to strengthen Mohawk Nations' economies and sovereignty that threaten the implementation of Canada's colonial agenda. The policing agendas of the Canadian government aim to crack down on this assertion of self-sufficiency and strength, not, as they claim, "organized crime".

CROWN BUYS FANTINO'S SILENCE WITH BRANT'S FREEDOM - Statement from the Tyendinaga Support Committee (Monday, September 29th, 2008) Today, in a Belleville court, a conviction for three counts of mischief was entered against Mohawk spokesperson Shawn Brant for his role in the CN rail line and Highway 401 blockades which took place in April and June, 2007. Brant has been ordered to stay on the Tyendinaga reserve for three months and to be on probation for one year. Originally, the Crown had been asking for 12 years in jail for Brant. While Shawn Brant will face no more jail time for the blockades and will not go to trial, there are still 16 people from the Tyendinaga facing criminal charges for defending their community. The critical issues which prompted the Mohawks to take action have yet to be addressed. Most of the community does not have drinkable water. Most households have been unable to drink the water from their own taps for at least the last decade. The reserve school, with 300+ students, ranging in age from 2 to 13, who attend daily, has had its water deemed unfit for human consumption for the past eighteen months. In addition, the lands which comprise the Culbertson Tract and Simcoe Deed have yet to be returned. This despite all levels of governments' admission that the lands do legitimately belong to the Mohawks of Tyendinaga. In Shawn Brant's case, the dramatic turn-around by government lawyers came after disturbing details of OPP impropriety, abuse of practice and the flaunting of policing guidelines created after the Ipperwash Inquiry were made public in July of this year, following the lifting of a publication ban on Brant's preliminary hearing. Abuses revealed included OPP Commissioner Julian Fantino's threats to Shawn Brant that "your whole world's going to come crashing down", the orders to have snipers and armored personnel carriers on standby, and the presence of an undercover police officer posing as a media cameraman. The preliminary hearing also revealed that the OPP used an obscure section of the Criminal Code to implement an emergency wiretap of Brant and other Mohawks' telephone conversations, on June 28th, 2007, even though the National Day of Action had been publicly planned for months. The Crown went to great lengths to try to keep this critical information from becoming known and was successful in keeping the material under a publication ban for about a year. The release of these damning details prompted calls for the firing of OPP Commissioner Julian Fantino. Pretrial motions, originally set to begin today, would have seen Commissioner Fantino subpoenaed to answer for his conduct leading up to and during the 2007 Aboriginal Day of Action. Since the blockades of 2007, CUPE Ontario has passed a resolution in support of the Mohawks of Tyendinaga, NDP MPP Peter Kormos has called for the firing of OPP Chief Fantino and thousands of people have attended events, made donations and signed petitions in support of the Mohawks and their demands. Shawn Brant's arrest and the excessive prison sentence that the crown sought against him were part of an attempt to destabilize the community of Tyendinaga. However, the Mohawks of Tyendinaga remain united and continue to fight for what should already be theirs: land and clean water. The Tyendinaga Support Committee is a Toronto-based organization working to support the Mohawks of Tyendinaga. For more information, visit: www.ocap.ca/supporttmt or email us at support.tmt@gmail.com

------------------------------------------------------------------------------------------ Fantino hasn't been fired yet, but they went to great lengths to keep his mouth shut. He already almost blew two difficult situations sky high, with his mouth. Pointing guns at men women youth and elders didn't help either. This isn't over yet. Fantino must go. He's a friggen disaster looking for a place to happen! granny ------------------------- More BACKGROUND from TMT Support ... For more information, please read the following article:

IPPERWASH INQUIRY: LESSONS UNLEARNED:

THE OPP AND TYENDINAGA MOHAWK TERRITORY

- Tyendinaga Support Committee

In April 2008, the Mohawk community of Tyendinaga was subjected to an unacceptable escalation of police tactics, including the drawing of guns by OPP officers on unarmed Mohawks. At the time, the OPP laid unfounded, fear-mongering claims, saying they saw 'one long gun' at the quarry reclamation site, a land reclamation that the Mohawks have been holding for more than a year, as part of their struggle for the return of the Culbertson Tract. The language of the alleged threat is not unfamiliar to Native people in Ontario. In 1995 Stoney Point protester Dudley Charge was shot and killed by the OPP during a land reclamation at Ipperwash provincial park after an officer thought he saw him holding a "long gun," though the protesters were in fact unarmed.

In 2006, the Ipperwash Inquiry found that the 1995 murder of Dudley George was contributed to by centuries of discrimination and dispossession rooted in racism. Justice Sidney Linden concluded that Ipperwash revealed a deep schism in Canada's relationship with First Nations peoples and was symbolic of a grievous history of destructive government policies. The Inquiry made constructive findings and recommendations regarding policing, appalling decision-making, the wrongful use of force against indigenous people, and the racist demeanor of Ontario's then-Premier Mike Harris and the police.

Despite these findings, it appears that Ontario has opted for the criminalization of First Nations people over the resolution of outstanding land issues. Justice Linden's Ipperwash Inquiry policing recommendations are being flaunted by the OPP, and in particular, by Chief Julian Fantino.

What lessons have really been learned in the 13 years since Dudley George was killed? To what lengths are the authorities prepared to go in order to quash indigenous resistance and sovereignty?

Publication Ban lifted on the Preliminary Inquiry:

On Juy 18^th, 2008, the publication ban on Shawn Brant's preliminary hearing, which took place in August 2007, was lifted in a Napanee Court, making crucial evidence available to public scrutiny for the first time. That afternoon, Crown prosecutors appeared before a judge of the Court of Appeal in Toronto. No defence lawyers were present, as they had received only 6 minutes notice of this second, frantic court appearance. The Crown successfully convinced the judge to issue a stay, on the grounds that the ban was in the accused, Shawn Brant's, best interests. The media was ordered to "immediately cease reporting on evidence heard at the preliminary inquiry and remove all related reports from websites".

Then, at shortly after 5pm the same day, lawyers for the CBC and Mr. Brant appeared before the same Appeals judge, along with Crown counsel. After substantial submissions, the judge lifted her earlier stay and dismissed the stay application altogether, ordering the publication ban lifted once more.

It is fairly rare for the prosecution to fight for a publication ban on court proceedingswhen the defence is opposed to it. In Shawn's case, the media coverage of the 2007 blockades and Shawn's role as spokesperson is vast. The public record of Shawn's very public actions stands, and the defence has no interest in suppressing evidence relating to the case. This begs the question: why has the Crown been so persistent in fighting to keep the preliminary hearing quiet? The evidence released after the publication ban was lifted gives some insight into possible answers.

Julian Fantino's Testimony:

With the publication ban lifted, disturbing information emerged. The evidence released included the testimony of Chief Fantino at Mr. Brant's preliminary hearing. The public learned about the conduct of Commissioner Fantino in relation to members of the Tyendinaga Mohawk Territory, including his knowledge of wiretaps placed without the approval or oversight of a judge, his apparent dismissal of the authority and importance of Aboriginal OPP officers, the direct threats made to Mohawk spokesperson Shawn Brant, and Mr. Fantino's utter disregard of the recommendations of Justice Linden's Ipperwash Report.

Highlights of the evidence released include the following:

• In June 2007, the OPP imposed wiretaps on members of the Tyendinaga Mohawk community without judicial authorization, using an emergency section of the Criminal Code. The lead investigator in Mr. Brant's case has acknowledged that the OPP was not necessarily going to disclose that these taps had occurred. Mr. Brant's lawyers were informed of the existence of the wiretap on his phone only on the Friday afternoon before his preliminary hearing was to begin on the following Monday.

• Besides tapping the cell and home phone lines of Shawn Brant, the OPP also tapped three other phones: two of Shawn's friends, Mario Baptiste Sr. and Mario Baptiste Jr., and Shawn's brother, Gregory Brant, a prominent local lawyer. The latter is particularly shocking, given Gregory Brant has opposing political views from those of his brother and had no association to or involvement in the blockades of June 29^th, 2007. It is not known whether the tap on his phone includes privileged solicitor-client conversations, which cannot be listened to by other parties.

• At Mr. Brant's preliminary hearing, Fantino said he'd never heard of such a tap being used by the OPP and denied any knowledge of who had decided to implement the tap. Furthermore, Fantino refused to look into this question or provide defence counsel with further information about the wire tap or policy related to its use.

• Fantino's wiretapped conversations with Shawn Brant on June 29, 2007 reveal him making numerous threats against Mr. Brant. Fantino said to Mr. Brant, "your whole world's going to come crashing down" and threatened to "do everything I can within your community and everywhere to destroy your reputation". Police Chief Fantino is also quoted as saying, " I'm now telling you pull the plug or you will suffer grave consequences."

• During his testimony at the preliminary inquiry, Fantino appears to have perjured himself by admitting he knew of the existence of the wiretap on Mr. Brant's phone, on or before June 29^th, and then contradicted himself, claiming he had no such knowledge until some time after June 29^th.

• Fantino laid the groundwork to come down on the National Day of Action blockade in Tyendinaga on June 29th with full force - a message sent to the Mohawks through intermediaries indicated that tanks, the military, snipers and SWAT teams were on standby to open Highway 401, despite knowledge that the blockade was already scheduled to be taken down at the end of June 29th. "There were in fact plans underway at that time for a forced removal of the blockade, weren't there?" Rosenthal asked him during his testimony. "Yes, there was," Fantino replied.

• In his exchange with Mr. Brant, Fantino contradicted the OPP's guidelines for dealing with aboriginal groups, which were developed in the wake of the police killing of Dudley George. Disrespecting First Nations OPP officers and disrespecting their role as negotiators, Fantino refers to them at one point as "your (ie Shawn's) officers".

• Contrary to the recommendations of the Ipperwash report, and OPP guidelines on policing aboriginal blockades, Fantino repeatedly showed no cultural respect for Mohawk processes of decision-making, asserting that Mr. Brant is "the man in charge" and can "pull the plug any time he wants to". Fantino refused to acknowledge or respect any process for reaching consensus within the community, despite repeated attempts by Shawn to make this clear during the taped conversations. In his testimony at the preliminary inquiry, Fantino dismissed this process as a "stalling tactic".

• Evidence also included that of an undercover officer who stated that he posed as a media cameraman when he investigated the blockades of June 29, 2007, held as part of the First Nations National Day of Action. In its application to lift the ban, counsel for the CBC asserted that he had grave concerns about such activity by police officers.

Ipperwash Recommendations Ignored:

According to an OPP document drafted in the wake of the Ipperwash Inquiry entitled A Framework for Police Preparedness for Aboriginal Critical Incidents, local First Nations police must play a lead role in any police response to First Nations protest. The document calls for building a "trusting relationship" with "mutual respect" between the culture of First Nations people and police, as well as a need for "special concerns" with respect to aboriginal protests and blockades, given their historical rights.

It also calls for "fostering trusting relationships between the OPP and aboriginal communities" and for a "critical incident mediator" who, during an incident, meets with aboriginal leaders to identify key issues and interests and communicates those to the police commander at the incident. It is also the mediator's responsibility to "develop in concert with the incident commander, a mutually acceptable and lasting resolution strategy."

The evidence at the preliminary inquiry shows that this was indeed taking place on June 29, in Tyendinaga. The Mohawks were communicating and negotiating with members of the Aboriginal Liason Team.

However, the evidence also shows that Fantino repeatedly undercut such involvement by interrupting negotiations between the people blockading the 401 and First Nations constables with threatening calls to Brant's cellphone.

According to Shawn's lawyer, Peter Rosenthal, "The point is not simply that a commissioner of the OPP should speak more appropriately. The concern is that an OPP officer speaking like that in such a context could have derailed negotiations entirely, leading to a horrible outcome. Luckily, Brant and his colleagues continued negotiations with the First Nations officers to a successful conclusion, in spite of Fantino's provocations."

At the preliminary inquiry, Fantino was confronted with several points from the Framework. He was then asked by defence counsel: "I put it to you that the document that we looked at and the concerns of the Ipperwash inquiry, and many other concerns that you're aware of, have indicated that, in situations like this, for the public good as well as for the respect of the protestors involved, it's important to understand where they're coming from and deal with their cultural values and so on."

Fantino responded: "There's nothing in the spirit, the intent, or the written word in this document that justifies criminal conduct, or that exonerates people from accountability from criminal conduct, or that it [sic] absents me as a law enforcement officer from exercising discretion, or using the authority bestowed upon me to effect a lawful purpose."

Fantino was then asked: "And doesn't, though, that document and many other documents speak to the way you should do that in situations involving aboriginal protestors?"

He replied: "These are guidelines and they're principles; they're not a firm and fixed mandated way of doing business."

The Ipperwash recommendations were designed to avoid violence, regardless of whether criminal charges will subsequently be laid. For Fantino to dismiss the recommendations as mere "guidelines," given the grave consequences of racist policing which prompted them in the first place, should be cause for great alarm.

Fantino and McGuinty Respond:

A media storm followed the lifting of the publication ban. After allegations that Fantino had violated the Ipperwash recommendations were printed and broadcast in national newspapers and on national television and radio, Fantino issued two statements In one, he stated, regarding lesson he had learned from the controversy surrounding the OPP's handling of the National Day of Action at Tyendinaga, that "as a law enforcement officer, I happen to have all the right enemies". In another statement, Fantino said, in part, "Consistent with the recommendations from the Ipperwash inquiry, the OPP continues to work collectively with legitimate First Nations leadership and communities to ensure that both the interests of participants during lawful protests and public safety can be served in the best way possible."

The Ipperwash recommendations were not about what the police would consider to be "lawful protests," nor about working with what the police would consider to be "legitimate First Nations leadership." The entire Ipperwash report was designed to apply to incidents such as the reclamation of Ipperwash Park and the blockades of June 29, 2007. It was designed to avoid violence and the death of Native people standing up for their land. If Fantino remains Chief of the OPP, how can we be certain that future bloodshed will be avoided?

Fantino's conduct during these blockades was in contravention of both OPP guidelines and the recommendations of the Ipperwash report. Above and beyond this, his actions were threatening, unprofessional and discriminatory.

Following the public furor, which included NDP Justice Critic Peter Kormos' call for Fantino to resign or be fired, Premier McGunity was quoted as stating that Commissioner Fantino had "demonstrated tremendous discipline", and that his position is "a tough job when people get really hot".

An OPP Commissioner must have the ability to conduct himself appropriately in complex situations, an essential skill Fantino clearly lacked on June 29^th, 2007. But even two months later at Shawn Brant's preliminary inquiry—not in a 'heated' situation—Fantino continued to demonstrate his lack of commitment to implementing recommendations of the Ipperwash inquiry. Fantino's public statements with respect to his conduct are an attempt to obfuscate and distract from the issues at hand – namely, how First Nations people are policed in this province.

It is important to note that in Justice Linden's 1,433-page report, the OPP received the bulk of the criticism for actions leading up to the shooting, including "the use of excessive force" and being "culturally insensitive''. Fantino's conduct on June 29^th, 2007 directly contravenes the recommendations of Justice Linden, and sets an unacceptably dangerous and disrespectful precedent for government and police response to First Nations grievances.

The Premier's job should instead be to ensure that the Commissioner, a political appointee whom the Liberal government quietly handed an extension of term in early 2008, is thoroughly investigated, with a view to resignation.

What's Next:

The current situation in Tyendinaga has begun to look like a sweeping crack-down on community members and the stifling of resistance to increased policing and further development of the Culbertson Tract. At the time of writing, 16 men and women from Tyendinaga are facing charges stemming from the OPP stand-off in April 2008, all saddled at minimum with conditions of 'no protests' and 'not to be present at the quarry site'.

At the same time, federal monies are being poured into the Territory for policing matters, and an RCMP report has been released, citing federal government intentions to dedicate police "to fighting contraband, which he [Stockwell Day] said is funding organized crime and possibly even terrorists" in three Mohawk communities, including Tyendinaga. It is important to remember that the feds' concern with Native-made smokes and sales go much deeper than their own pocket book. It is not simply the lost tax revenue that they suffer, but the fact that the lost dollars go to sustain Mohawk families and other services and allows for the Mohawk Nation to stand, as it always has, as a clear and organized force of resistance against the Canadian government's practices of assimilation and control of First Nations peoples.

It is the efforts to strengthen Mohawk Nations' economies and sovereignty that threatens the implementation of Canada's colonial agenda. The policing agendas of the Canadian government aim to crack down on this assertion of self-sufficiency and strength, not, as they claim, "organized crime".

In late July, Larry Hay, the former police chief of the Mohawk Tyendinaga First Nation made public his efforts to take the Ontario Provincial Police to court after being fired by OPP Commissioner Julian Fantino for speaking out against racism in policing. "They've learned nothing from Ipperwash," said Hay, who is seeking a judicial review hoping a court will reinstate him in the job. He is considering a wrongful dismissal suit if a judicial review fails.

The community of Tyendinaga has, through working to re-establish a longhouse, self-governance, and economic self-sufficiency, long been a thorn in the side of the Canadian state, and its project of oppression and genocide of First Nations peoples.

That the government lawyers looked to ask for twelve years prison time for Shawn Brant is not about the blockades of last summer. It is about sending a loud message to First Nations people who are not interested in submitting to the exploitation of their lands and resources, nor the continued denigration and suffering of their communities. This was a state response of fear and concern that First Nations resistance will continue, and will succeed in forcing the rest of this country's population to realize that long-standing crimes against the Mohawk community of Tyendinaga, and all other First Nations communities, must be righted.

support.tmt@gmail.com http://www.ocap.ca/supporttmt/index.html ______________________________

_________________ six_nations_info mailing list six_nations_info@masses.tao.ca https://masses.tao.ca/lists/listinfo/six_nations_info

R

Six Nations man pleads guilty to assault on pair

September 26, 2008

Paul Legall The Hamilton Spectator CAYUGA (Sep 26, 2008)

A prominent Six Nations businessman, who was portrayed in court as a peacemaker and philanthropist, has pleaded guilty to two counts of assault in connection with a confrontation at Douglas Creek Estates in Caledonia more than two years ago.

Ken Hill, 49, a former Six Nations elected band councillor, was placed on nine months' probation after entering the guilty plea before Ontario Justice Joe Nadel on Tuesday. He was given a conditional discharge, which means the offences will not be put on his record, and ordered to keep away from Caledonia residents Steve Tong and Quinton Chauss.

In entering the plea, he acknowledged assaulting the pair during a confrontation on June 4, 2006, between a group of town people and several dozen native protesters who were occupying the former residential construction site.

Hamilton defence lawyer Dean Paquette, who represented Hill, said his client had initially become involved in the incident because he was concerned for the safety of the victims.

Describing Douglas Creek Estates as "de facto native land" at the time, he told Nadel that Tong and Chauss could have been seriously hurt by going onto the former residential subdivision and confronting 40 to 50 native occupiers.

He said Hill tried to convince them to leave the site before the situation turned ugly. "You're gonna get killed. This is a dangerous place for you," he paraphrased his client as saying during an interview after the trial.

A scuffle ensued during which Hill assaulted the pair.

During the trial, Paquette told the judge that Hill had successfully rescued two OPP officers from a group of angry Six Nations residents earlier in the day.

During an interview, he said officers had found themselves surrounded by a crowd of 40 to 60 angry band members after they accidentally drove their cruiser onto the reserve. Tensions were high between the non-native police and the Six Nations people at the time and the OPP seldom went onto the reserve in marked cruisers.

"Ken Hill intervened and came to their aid and facilitated their safe return (to Caledonia)," Paquette said.

plegall@thespec.com

905-526-3385

Notes: Steve Tong was arrested after reporting to the Globe and Mail that he sat in his house with a loaded gun. Quinton ('Beau') Chauss was arrested during a 'rally' organized by Gary McHale. Both are involved in anti-native protests in Caledonia.

Six Nations-Brantford, Court Update: My understanding is that Boots Powless' son was released on bail today, and the other youth on recognizance, unconfirmed. Both have other scheduled court dates. I am still truly fuzzy on why they were stopped at all, let alone arrested, and I didn't hear of anything outstanding that wasn't already in process. All in all, a pleasant day, mostly spent outside waiting, chatting ... and with the best possible outcome, for now. The best possible court outcome will happen when Brantford court rules on the permanent injunction, and turns it down, as per recent Ontario Court of Appeals ruling: http://www.ontariocourts.on.ca/decisions/2008/july/2008ONCA0534.pdf [48] Where a requested injunction is intended to create “a protest-free zone” for contentious private activity that affects asserted aboriginal or treaty rights, the court must be very careful to ensure that, in the context of the dispute before it, the Crown has fully and faithfully discharged its duty to consult with the affected First Nations: see Julia E. Lawn, “The John Doe Injunction in Mass Protest Cases” (1998) 56 U.T. Fac. L. Rev. 101. The court must further be satisfied that every effort has been exhausted to obtain a negotiated or legislated solution to the dispute before it. Good faith on both sides is required in this process: Haida Nation, p. 532. Six Nations Needs Urgent Support BRANTFORD: This morning, the Brantford Police arrested two young activists from 6 Nations, aged 17 and 19. The two were arrested in transit while trying to leave the campsite on Fen Ridge Court. Twenty cops in 8 unmarked cars pulled over the vehicle they were travelling in, and arrested the two teenagers who are currently in jail. Activists at the site in Brantford have asked for supporters to come to the site tonight and/or tomorrow. The Hampton Inn site on Fen Ridge has been shut down completely for two weeks. It had also been shut down several times over the last few months by various representations from 6 Nations including Ruby and Floyd Montour, the Confederacy Council, the Men's Fire, and now grassroots activists including Boots Powless and a newly dubbed NYM-6 Nations (Native Youth Movement). The current callout comes directly from the activists on site. The group has maintained the site beside the Hampton Inn development site in a tepee for over 60 days, upholding the declaration put forward by the Men's Fire that these sites should be shut down pending settlement of outstanding land disputes. Further, all three sites that have been targeted from the base camp have been sited as posing ecological threats; the Fen Ridge industrial development area and the Oak Park Road development site are located in an environmentally sensitive area less than a kilometre from the Grand River. A Callout for supporters to be physically on-the-ground as early as tonight has been issued from the camp. BYO FOOD and phone cards ("solo" brand) appreciated. To get to the site: take the 403 to Brantford, exit at Oak Park Road, turn right at the T junction off the exit, then take the first left onto Power Line Road; the site is down the road a few hundred meters, and should be evident across from the King & Benton site. Look for the tepee, Boots has asked people to meet there first. Questions call: (519) 717-7043, or (519) 717-7099 http://www.honorsixnations.com/ Background: http://www.zmag.org/znet/viewArticle/18535 >>>> As usual, bring solidarity, your own tent/bedding and food supplies, and some to share. No alcohol, no drugs, no weapons. granny NOTE: Brantford police currently have only a temporary injunction, and they know it could be lifted as early as the next court date ....? Brantford City Police are cozy with the City that signs their paycheques. Brantford City Police haven't yet acknowledged or accepted the responsibility of upholding the Charter Rights of Six Nations people, to put it politely. Brantford City Police may be aggressive tonight, and already have been today. What did they arrest the youth for today? For being on and coming off the site?? 'Suspicion' of "mischief"? gmab Thanks to Janie Jamieson who alerted all of us to the aggressive acts of the police against her sister and friends, and good thoughts to those youths who are now in custody, and to 'Boots' for letting us know they need support. granny Original message from Janie Jamieson: Wednesday September 10, 2008 BRANTFORD, Ont. Subject: Police Attack on Haudenosaunee woman and youth in Brantford Today Wednesday September 10, 2008 BRANTFORD, Ont. Today at approximately 11:00am my one year old son and I were leaving the King and Benton site in Brantford, Ontario. My sister left the site a few seconds behind me. Two youth were travelling with her. I stopped at the stop sign and then proceeded through. I checked my rear view mirror to see how far behind my sister was. When I looked I saw a non-Native man with a closely shaved head pulling on her truck door with one hand while punching the driver's side truck window with his other hand. He had a closed fist and was hitting the window with full swings. With all the threats made against our people and the violence and abuse we survive, I thought she was under attack by a group of skinheads, as there were several unmarked cars blocking her in. I drove up to a spot where I could safely turn around. When I got back to the corner all vehicles were gone. I turned right because traffic was slow in that direction. Sure enough, the same cars had her truck surrounded but now the skinhead that was viciously, forcefully trying to attack them earlier had on an OPP vest and a belt loaded with weapons. By then there were approximately 8 cruisers both marked (OPP and Brantford City Police) surrounding my sister and the two youth. They had one youth handcuffed. Moments later they handcuffed the second youth. I told the police our youth are under our authority and jurisdiction as Ogwehowe women and the police had no right or authority to kidnap our children on our own territory. The police were informed our youth had EVERY authority to uphold our traditional laws. The police were then told to cease and desist their armed invasions of our people. They were also told the kidnapping of our children needed to stop as well. They were told they keep trying to escalate things with our people and the tactics they are using is nothing short of declarations of war. We were told how everything they were doing was "standard". (Yes, even for an allegation of "mischief".) As hard as it was to believe it was standard police practice, I do believe it. It was almost a year ago 9 of our people were attacked at Stirling Street for upholding their land rights by 200 fully armed RCMP, OPP, OPP Riot Squad and the Hamilton City Police . The acceptable standard to deal with our people for minor offences was most recently set in 1995 in Stoney Point when Dudley George was murdered by a paid sniper. While we were talking about 5 officers (without permission) began searching my sister's truck for "weapons". I put tobacco in the hands of the youth and told them to hold onto it and not let it go. The police told me I couldn't do that and to get rid of it. The youth held onto it and were then placed in separate cruisers and taken to the Brantford Jail. One youth may get out today. The other young man is up for bail tomorrow at 9:00am at the Brantford City Court on 44 Queen Street. Also, Bawa Construction (Hampton Inn & Suites) has resumed construction despite being given several warnings they are building illegally on traditional territory in Grand River Country. I've been told construction will be shut down soon. We are asking for support in the form of supplies and people both at the construction site (ASAP) and at the courthouse tomorrow. To get to the construction site take the 403 west towards London, Ont. Exit off Oak Park Road. Turn left and drive over 403. Construction site is immediately on the right hand side. Boots Powless' son was one of the young men targeted and arrested today. Our people have upheld their words regarding maintaining peace. At no point have any of our people stepped out of the Kaiienarekowa. The developers and the police continuously escalate events by targeting our children, women (mothers and grandmothers) and men. There is a consistent effort to attack our women and children to protect the finances of local and international corporations. Just like the targeting of our people and constant attacks by fully armed civil servants continue, we, as ogwohwe will continue to uphold our great-great grandchildren's right to exist. We are justified. Janie Jamieson Grand River Country _______________________________________________ six_nations_info mailing list six_nations_info@masses.tao.ca https://masses.tao.ca/lists/listinfo/six_nations_info

SN-Brantford

City action against protesters on hold

Posted By JOHN PAUL ZRONIK, EXPOSITOR STAFF

Posted 3 days ago

The city's legal action against eight Six Nations protesters was adjourned Friday until a judge responsible for hearing the case is chosen.

Due to the complexity of the city's action, Ontario Superior Court Justice G. E. Taylor earlier this week ruled that a single judge should hear all arguments pertaining to the case.

On Friday, Justice Harrison Arrell adjourned the matter until the judge is chosen. The next court date dealing with the matter has yet to be set.

Since the city was granted a temporary injunction against Six Nations protests at city development sites in early June, three judges have heard arguments in the legal action.

The city is in court attempting to have the eight protesters found in contempt for breaching the temporary injunction.

Court documents filed by the city state that the eight protesters breached the injunction during incidents between July 7 and 14 in the city's northwest business park. Protesters shut down work on two construction projects, a new Hampton Inn hotel and a warehouse and office being built by Kingspan Insulation.

The city's notice of motion asks the court to jail or fine those found to have violated the injunction and award the city punitive damages.

Only one person named in the city's legal action, Clyde Powless, appeared in court Friday. The seven others named -- Butch Thomas, Steve (Boots) Powless, Kevin (Whodat) Isaacs, Dick Hill, Dwayne Maracle, John Garlow and Runs Through the Fire -- did not attend.

Powless, who has played an active role in Six Nations protests in Brantford and Caledonia, told Arrell he came to court out of respect for a treaty made between Six Nations and the Crown. "I still respect that treaty," Powless said. "I honour it. That's why I am here today."

Powless told court he had not been properly served legal documents requesting his presence in court. He was handed a copy of the city's notice of motion against the protesters in court on Friday, but said he did not accept it as being properly served.

During proceedings, Powless called the city's legal action against Six Nations protesters "racist."

"I have been criminalized, my people have been criminalized," he said. "We have rights under the constitution. We have treaty rights."

City lawyer Neil Smitheman during court proceedings in August argued that arrest warrants should be issued for the protesters to ensure their appearance in court. Smitheman noted problems with serving court documents to those named in the city's legal action and said city police advised that serving documents to protesters living on the Six Nations reserve would be "dangerous."

Judges have twice rejected Smitheman's request for warrants, suggesting other methods of serving the court documents should be attempted.

During court proceedings on Aug. 22, Arrell ordered that the city should take out advertisements in The Expositor and Six Nations papers the Tekawennake and Turtle Island News advising the eight protesters of the court action.

On Friday, court heard that advertisements had run in The Expositor and Tekawennake, but that Turtle Island News refused to run the advertisement.

The temporary injunction against Six Nations protests at city development sites granted in June will remain in effect until the parties return to court for a hearing on a permanent injunction, which is expected to happen later this year.

Article ID# 1187889

Related INFO HDI had previously presented a motion to the court to have one judge appointed to hear all the motions related to the case. This motion was accepted by the court and the Chief area Justice will appoint a Judge for this set of actions which will likely take place next week.: http://grannyrantson.blogspot.com/2008/09/six-nations-brantford-court-hdi-had.html