By FIONA ISAACSON
Peterborough Examiner
More than 35 people presented a petition to Peterborough MPP Jeff Leal yesterday morning protesting uranium mining operations in Sharbot Lake and the treatment of Trent University professor Paula Sherman and her colleague Robert Lovelace.
About 740 signatures were presented to Leal. Protesters gathered out front Leal's office with signs to raise awareness.
Sherman, co-chief of the Ardoch Algonquin First Nation and Trent professor, and Lovelace, a spokesman for Ardoch, aboriginal affairs counsellor at Fleming College and professor at Queen's University, got six months in jail for contempt of court last month in Superior Court of Justice. Sherman opted for a $15,000 fine to be with her children.
Ardoch community members have been angered by mining exploration on their land, which was done without consultation by the provincial government or the mining company, according to their lawyer.
Trent student Paul McCarney, a co-organizer of the petition, said Leal met with the group.
Leal said he will present the petition in the legislature.
"We all agree that there's a need to renew the mining act in the province of Ontario and an act that hasn't been substantially altered in over a 100 years," he said.
fisaacson@peterboroughexaminer.com
Wednesday, March 26, 2008
Friday, March 21, 2008
DONATE BOOKS TO BOB LOVELACE AT THE PRISON!
If you'd like to upgrade the prison library and improve the reading list for Political Prisoner Professor Bob Lovelace, here's how…
What to do:
Put your books in a box. Write ATTENTION LIBRARIAN on the top.
You MUST INCLUDE YOUR RETURN ADDRESS. Put a note inside that says, "FROM A FRIEND OF PROFESSOR BOB LOVELACE."
Mail to:
Central East Correctional Centre
ATTENTION LIBRARIAN
541 Highway 36
Lindsay Ontario K9V 4S6
Rules must be followed or your parcel will be rejected. All books must be SOFT COVER except current bestseller fiction.
TYPE OF PRIMARILY SOFT COVER BOOKS REQUESTED:
1. No violent topics, especially no violence toward women or children. No serial killers, NO true crime, no gore and mayhem.
2. CURRENT BEST SELLERS. May be hardcover; Tom Clancy, Grisham and other best selling current FICTION.
3. CLASSIC NOVELS and CURRENT FICTION novels or poetry. Bob is likely to enjoy these. e.g. Dickens, T.S. Eliot, Twain, Browning, Woolf. and new authors.
4. ADVENTURE. Jack London, mountain climbers, etc.
5. TEEN books. The Little Prince, Jonathon Livingston Seagull and other uplifting or inspiring FICTION stories.
7. FANTASY. Harry Potter, dragons, Camelot, The Lion, the Witch and the Wardrobe.
8. No romance, NO non-fiction, no science fiction, dark and gloomy, or westerns needed.
Fiction novels by or about people of color would be excellent. Cry the Beloved Country for instance or any of the wonderful new novels coming out of the Middle East, India and the Orient. One Hundred Years of Solitude is a great Hispanic novel. So keep those in mind. Bob has done a lot of volunteer work to improve prisons. He will be really touched we help him, but even more pleased that your donations will improve the library for everyone. Many prisoners, but not all, have limited education so donate a reading range if you can.
Whether you send one book or ten, it's wonderful, and thank you.
What to do:
Put your books in a box. Write ATTENTION LIBRARIAN on the top.
You MUST INCLUDE YOUR RETURN ADDRESS. Put a note inside that says, "FROM A FRIEND OF PROFESSOR BOB LOVELACE."
Mail to:
Central East Correctional Centre
ATTENTION LIBRARIAN
541 Highway 36
Lindsay Ontario K9V 4S6
Rules must be followed or your parcel will be rejected. All books must be SOFT COVER except current bestseller fiction.
TYPE OF PRIMARILY SOFT COVER BOOKS REQUESTED:
1. No violent topics, especially no violence toward women or children. No serial killers, NO true crime, no gore and mayhem.
2. CURRENT BEST SELLERS. May be hardcover; Tom Clancy, Grisham and other best selling current FICTION.
3. CLASSIC NOVELS and CURRENT FICTION novels or poetry. Bob is likely to enjoy these. e.g. Dickens, T.S. Eliot, Twain, Browning, Woolf. and new authors.
4. ADVENTURE. Jack London, mountain climbers, etc.
5. TEEN books. The Little Prince, Jonathon Livingston Seagull and other uplifting or inspiring FICTION stories.
7. FANTASY. Harry Potter, dragons, Camelot, The Lion, the Witch and the Wardrobe.
8. No romance, NO non-fiction, no science fiction, dark and gloomy, or westerns needed.
Fiction novels by or about people of color would be excellent. Cry the Beloved Country for instance or any of the wonderful new novels coming out of the Middle East, India and the Orient. One Hundred Years of Solitude is a great Hispanic novel. So keep those in mind. Bob has done a lot of volunteer work to improve prisons. He will be really touched we help him, but even more pleased that your donations will improve the library for everyone. Many prisoners, but not all, have limited education so donate a reading range if you can.
Whether you send one book or ten, it's wonderful, and thank you.
This area should have reliable source of drinking water
Peterborough Examiner
As climate change creates more and more environmental refugees, and shortage of pure drinking water becomes a global problem, I had thought of Peterborough as a good place to be, with its reliable supply of drinking water flowing to us from the north.
The Ontario government's complicity with Frontenac Ventures, the company planning to drill for uranium at Sharbot Lake, shows that, in their desire to "go" with nuclear energy and thus encourage production of uranium, they have completely overlooked both the rights of the aboriginal people directly concerned, and the long-term interests of all of us.
Uranium mining results in piles of tailings which leach radioactive substances into adjacent waterways.
Mining at Sharbot Lake would pollute water through Lake Ontario and the St.Lawrence to the sea.
Mining in the Bancroft area, which is also being considered, would permanently and irreversibly pollute Peterborough's water supply.
We have better alternatives to nuclear power, which in any case would not last forever. We do not have better alternatives for our drinking-water supply.
A government which allows profit-hungry companies to invade and destroy territory, which in this case is being claimed and used by first-nations people, leading to possible genocide of these people, needs to face relentless opposition from concerned citizens.
There has been opposition, and more is planned. For example, about 100 people stood, in the worst blizzard of the year, on March 8, in front of PCVS, and listened to moving speeches.
The police showed up, but the press did not.
I have seen only one article in The Examiner on this important local issue, -on Feb.22, headed ''Fleming Counsellor Jailed, Trent Prof Fined'".
Paula Sherman and Robert Lovelace were labelled criminals, which made them newsworthy.
Advertisement
Robert Lovelace is in jail and Paula Sherman has been fined $15,000, apparently for upholding Algonquin law and protecting the vital interests of all of us, at great personal sacrifice. Since when has peaceful opposition to injustice been a crime in Canada? If it is a crime, then we are a Fascist state.
This issue is one piece of the rape of this planet, for resources, which is going on worldwide.
Development of the Alberta tar-sands is another, but this is closer to home. It is our business. If we let it happen, we can look to a very bleak future.
We need reform of the Ontario Mining Act that allows this trespass. We need to demand that Robert Lovelace be released from jail immediately, and that Paula Sherman's fine be revoked.
Dalton McGuinty must reconsider his plans to pursue an expensive, dangerous, and temporary energy future for Ontario, which diverts government funding from the real, permanent, alternatives.
Let us prove that we are free and democratic and we care about the future of all our citizens.
And let us expect our media to give fair coverage to what is, at present, the most important unfolding issue in this area.
We hear plenty about celebrities and criminals, entrepreneurs and sports, but, it seems, issues of real substance somehow get filtered out.
In a democracy, the public must know what is going on.
Jenny Carter
Hillcrest Avenue
As climate change creates more and more environmental refugees, and shortage of pure drinking water becomes a global problem, I had thought of Peterborough as a good place to be, with its reliable supply of drinking water flowing to us from the north.
The Ontario government's complicity with Frontenac Ventures, the company planning to drill for uranium at Sharbot Lake, shows that, in their desire to "go" with nuclear energy and thus encourage production of uranium, they have completely overlooked both the rights of the aboriginal people directly concerned, and the long-term interests of all of us.
Uranium mining results in piles of tailings which leach radioactive substances into adjacent waterways.
Mining at Sharbot Lake would pollute water through Lake Ontario and the St.Lawrence to the sea.
Mining in the Bancroft area, which is also being considered, would permanently and irreversibly pollute Peterborough's water supply.
We have better alternatives to nuclear power, which in any case would not last forever. We do not have better alternatives for our drinking-water supply.
A government which allows profit-hungry companies to invade and destroy territory, which in this case is being claimed and used by first-nations people, leading to possible genocide of these people, needs to face relentless opposition from concerned citizens.
There has been opposition, and more is planned. For example, about 100 people stood, in the worst blizzard of the year, on March 8, in front of PCVS, and listened to moving speeches.
The police showed up, but the press did not.
I have seen only one article in The Examiner on this important local issue, -on Feb.22, headed ''Fleming Counsellor Jailed, Trent Prof Fined'".
Paula Sherman and Robert Lovelace were labelled criminals, which made them newsworthy.
Advertisement
Robert Lovelace is in jail and Paula Sherman has been fined $15,000, apparently for upholding Algonquin law and protecting the vital interests of all of us, at great personal sacrifice. Since when has peaceful opposition to injustice been a crime in Canada? If it is a crime, then we are a Fascist state.
This issue is one piece of the rape of this planet, for resources, which is going on worldwide.
Development of the Alberta tar-sands is another, but this is closer to home. It is our business. If we let it happen, we can look to a very bleak future.
We need reform of the Ontario Mining Act that allows this trespass. We need to demand that Robert Lovelace be released from jail immediately, and that Paula Sherman's fine be revoked.
Dalton McGuinty must reconsider his plans to pursue an expensive, dangerous, and temporary energy future for Ontario, which diverts government funding from the real, permanent, alternatives.
Let us prove that we are free and democratic and we care about the future of all our citizens.
And let us expect our media to give fair coverage to what is, at present, the most important unfolding issue in this area.
We hear plenty about celebrities and criminals, entrepreneurs and sports, but, it seems, issues of real substance somehow get filtered out.
In a democracy, the public must know what is going on.
Jenny Carter
Hillcrest Avenue
Overhaul to Ontario mining act expected
Peterborough This Week
Date: 2008-03-14
By Lauren Gilchrist
Mary McGillis is appalled at how Trent professor Paula Sherman and Queen's University professor Bob Lovelace are being treated for acting on their beliefs.
Prof. Sherman has been charged with contempt of court, sentenced to six months in jail and fined $15,000 by a Superior Court Justice for protesting against uranium mining on native lands. Her colleague, Prof. Lovelace, not only a Queen's University professor but also an Aboriginal counsellor at Sir Sandford Fleming College, was also jailed for six months and fined $25,000.
“I'm really disgusted,” says Ms McGillis, who has a daughter that attends Trent University.
She notes people have to inform themselves about what is happening to Ms Sherman and Mr. Lovelace and about uranium mining in Ontario.
“It's critical for people to stand up for what they believe in,” she explains.
“These people [Ms Sherman and Mr. Lovelace] that are out there are trying to do something positive. If we ignore this they [the government] are going to do uranium mining and our watershed could be affected. I really believe if good people don't stand up bad things are going to happen,” she says.
Ms Sherman, a single mother and co-Chief of the Ardoch Algonquin First Nation, negotiated with the court to avoid jail time. As part of the agreement she cannot participate in, or advocate that others participate in, protests against uranium mining on native lands near Sharbot Lake. The protest and blockade began over concerns that the provincial government had failed to provide adequate consultation with the aboriginal communities before issuing mining exploration permits. Both Ms Sherman and Mr. Lovelace argue the right of aboriginal communities to this consultation has been upheld by the Supreme Court of Canada and the First Nations Law was not respected in the court room.
The Trent University Faculty Association (TUFA) has put their weight behind Ms Sherman and formally condemned the decision by the court. The board has also made a $1,000 contribution to the defence fund established to support Ms Sherman.
The Community Coalition Against Mining Uranium (CCAMU) states that several areas of Ontario and Western Quebec have been staked for uranium exploration in the past two years. They say some of this is private property and some is Crown land, which is causing concern from both aboriginal and non-aboriginal communities. They argue that uranium mining in these areas carries a potential for contamination of three major river systems as well as air-born contamination of areas where people live and farm.
Marilyn Crawford describes what is happening to Ms Sherman and Mr. Lovelace as “heavy-handed” and “unjust.”
“To silence anyone who protests against what they want to do is unbelievable,” says Ms Crawford, with the Community Coalition Against Mining Uranium and Mining Watch Canada.
“I'm not surprised and I don't think they [Ms Sherman and Mr. Lovelace] are surprised either. But I don't think the general public is aware that this is what's happening around the world when Canadian companies go in to explore.”
Ms Crawford says the Ontario Mining Act has a number of flaws. One of her major concerns with the act are the rules of entry regarding where mining can take place, the consent that is needed and the notice given to the landowner.
“They need more than notice,” she says.
“I've been working on this for seven years to try and get public awareness about what is wrong with the act. It's been a challenge but it's been a good fight. But I know we are going to win this.”
Local MPP Jeff Leal foresees the Ontario Mining Act getting a major review in either the spring or fall session of parliament.
“The mining act in Ontario hasn't had a major overhaul in about 100 years, there's no question, we've said so publicly,” he explains.
“Mike Gravelle, minister of Northern Development and Mines, has certainly indicated it's timely the mining act in Ontario have a significant overhaul.”
MPP Leal notes there is a tremendous amount of prospecting and mining going on in Ontario today.
“We're very, very aware of the potential repercussions of some mining activities,” he says.
“With this kind of level of activity I think the responsible thing to do is to overhaul the mining act in Ontario.
Ms Crawford notes the situation at Sharbot Lake is a microcosm of everything that is wrong with the mining act.
“They [people] can protest. Speak out, become informed that this is happening not just in Canada but in Ontario, it's happening right here,” she says.
The Community Coalition Against Uranium Mining is organizing a citizens inquiry into the Impacts of the Uranium Cycle. In Peterborough, the public hearing takes place April 15 and 16 at Sadlier House on George Street. The forum runs from 1 to 5 p.m. and 6 to 9 p.m. The deadline to apply to make a presentation in Peterborough is April 1. Presentations can be made in person to the inquiry and can include written material, poems, plays, skits and songs. To pre-register e-mail www.uraniumcitizensinquiry.com or call (613) 259-9988.
Date: 2008-03-14
By Lauren Gilchrist
Mary McGillis is appalled at how Trent professor Paula Sherman and Queen's University professor Bob Lovelace are being treated for acting on their beliefs.
Prof. Sherman has been charged with contempt of court, sentenced to six months in jail and fined $15,000 by a Superior Court Justice for protesting against uranium mining on native lands. Her colleague, Prof. Lovelace, not only a Queen's University professor but also an Aboriginal counsellor at Sir Sandford Fleming College, was also jailed for six months and fined $25,000.
“I'm really disgusted,” says Ms McGillis, who has a daughter that attends Trent University.
She notes people have to inform themselves about what is happening to Ms Sherman and Mr. Lovelace and about uranium mining in Ontario.
“It's critical for people to stand up for what they believe in,” she explains.
“These people [Ms Sherman and Mr. Lovelace] that are out there are trying to do something positive. If we ignore this they [the government] are going to do uranium mining and our watershed could be affected. I really believe if good people don't stand up bad things are going to happen,” she says.
Ms Sherman, a single mother and co-Chief of the Ardoch Algonquin First Nation, negotiated with the court to avoid jail time. As part of the agreement she cannot participate in, or advocate that others participate in, protests against uranium mining on native lands near Sharbot Lake. The protest and blockade began over concerns that the provincial government had failed to provide adequate consultation with the aboriginal communities before issuing mining exploration permits. Both Ms Sherman and Mr. Lovelace argue the right of aboriginal communities to this consultation has been upheld by the Supreme Court of Canada and the First Nations Law was not respected in the court room.
The Trent University Faculty Association (TUFA) has put their weight behind Ms Sherman and formally condemned the decision by the court. The board has also made a $1,000 contribution to the defence fund established to support Ms Sherman.
The Community Coalition Against Mining Uranium (CCAMU) states that several areas of Ontario and Western Quebec have been staked for uranium exploration in the past two years. They say some of this is private property and some is Crown land, which is causing concern from both aboriginal and non-aboriginal communities. They argue that uranium mining in these areas carries a potential for contamination of three major river systems as well as air-born contamination of areas where people live and farm.
Marilyn Crawford describes what is happening to Ms Sherman and Mr. Lovelace as “heavy-handed” and “unjust.”
“To silence anyone who protests against what they want to do is unbelievable,” says Ms Crawford, with the Community Coalition Against Mining Uranium and Mining Watch Canada.
“I'm not surprised and I don't think they [Ms Sherman and Mr. Lovelace] are surprised either. But I don't think the general public is aware that this is what's happening around the world when Canadian companies go in to explore.”
Ms Crawford says the Ontario Mining Act has a number of flaws. One of her major concerns with the act are the rules of entry regarding where mining can take place, the consent that is needed and the notice given to the landowner.
“They need more than notice,” she says.
“I've been working on this for seven years to try and get public awareness about what is wrong with the act. It's been a challenge but it's been a good fight. But I know we are going to win this.”
Local MPP Jeff Leal foresees the Ontario Mining Act getting a major review in either the spring or fall session of parliament.
“The mining act in Ontario hasn't had a major overhaul in about 100 years, there's no question, we've said so publicly,” he explains.
“Mike Gravelle, minister of Northern Development and Mines, has certainly indicated it's timely the mining act in Ontario have a significant overhaul.”
MPP Leal notes there is a tremendous amount of prospecting and mining going on in Ontario today.
“We're very, very aware of the potential repercussions of some mining activities,” he says.
“With this kind of level of activity I think the responsible thing to do is to overhaul the mining act in Ontario.
Ms Crawford notes the situation at Sharbot Lake is a microcosm of everything that is wrong with the mining act.
“They [people] can protest. Speak out, become informed that this is happening not just in Canada but in Ontario, it's happening right here,” she says.
The Community Coalition Against Uranium Mining is organizing a citizens inquiry into the Impacts of the Uranium Cycle. In Peterborough, the public hearing takes place April 15 and 16 at Sadlier House on George Street. The forum runs from 1 to 5 p.m. and 6 to 9 p.m. The deadline to apply to make a presentation in Peterborough is April 1. Presentations can be made in person to the inquiry and can include written material, poems, plays, skits and songs. To pre-register e-mail www.uraniumcitizensinquiry.com or call (613) 259-9988.
Wednesday, March 19, 2008
3 Sharbot Lake uranium protesters avoid jail
CBC.ca
Tuesday, March 18, 2008
CBC News
Three people accused of protesting at a prospective uranium mining site in eastern Ontario in defiance of two court injunctions will not go to jail.
The three protesters appeared before Justice Douglas Cunningham Tuesday in the Ontario Superior Court of Justice to face contempt of court charges in connection with the occupation last year of a property near Sharbot Lake, about 60 kilometres north of Kingston.
Charges against two of the protesters were withdrawn.
A third protester agreed to stay away from the property in question in exchange for avoiding jail time.
Protesters from the Shabot Obaadjiwan and Ardoch Algonquin First Nations began occupying the property last summer, with support from some local protesters who are not aboriginal people. They were trying to stop the mining exploration company Frontenac Ventures Corp. from doing test drilling for uranium at the site, which the Algonquins claim as their land.
The charges were laid after the company successfully applied for court injunctions barring protesters from the property.
In February, Ardoch co-chiefs Paula Sherman and Robert Lovelace were sentenced to six months in jail after being found guilty of contempt of court for defying the injunctions. They were also fined $15,000 and $25,000 respectively.
After being sentenced, Sherman agreed to stop participating in protests to avoid going to jail.
Tuesday, March 18, 2008
CBC News
Three people accused of protesting at a prospective uranium mining site in eastern Ontario in defiance of two court injunctions will not go to jail.
The three protesters appeared before Justice Douglas Cunningham Tuesday in the Ontario Superior Court of Justice to face contempt of court charges in connection with the occupation last year of a property near Sharbot Lake, about 60 kilometres north of Kingston.
Charges against two of the protesters were withdrawn.
A third protester agreed to stay away from the property in question in exchange for avoiding jail time.
Protesters from the Shabot Obaadjiwan and Ardoch Algonquin First Nations began occupying the property last summer, with support from some local protesters who are not aboriginal people. They were trying to stop the mining exploration company Frontenac Ventures Corp. from doing test drilling for uranium at the site, which the Algonquins claim as their land.
The charges were laid after the company successfully applied for court injunctions barring protesters from the property.
In February, Ardoch co-chiefs Paula Sherman and Robert Lovelace were sentenced to six months in jail after being found guilty of contempt of court for defying the injunctions. They were also fined $15,000 and $25,000 respectively.
After being sentenced, Sherman agreed to stop participating in protests to avoid going to jail.
Monday, March 10, 2008
Donations
Ardoch Algonquin First Nation is a federally-unrecognized community and so
does not receive funding from any government. They urgently need support
for costs related to these trials. They are asking supporters to please
send donations, made out to: "Chris Reid, in trust for the Ardoch
Algonquin First Nation" at the address below:
Christopher M. Reid
Barrister & Solicitor
154 Monarch Park Ave.
Toronto, ON M4J 4R6
Tel: (416) 466-9928
Fax: (416) 466-1852
For More Information See: http://www.ccamu.ca/
does not receive funding from any government. They urgently need support
for costs related to these trials. They are asking supporters to please
send donations, made out to: "Chris Reid, in trust for the Ardoch
Algonquin First Nation" at the address below:
Christopher M. Reid
Barrister & Solicitor
154 Monarch Park Ave.
Toronto, ON M4J 4R6
Tel: (416) 466-9928
Fax: (416) 466-1852
For More Information See: http://www.ccamu.ca/
WHY GREEN ISN'T ENOUGH: An Anti-Racist Anti-Colonial Environmentalism Conference
March 14 & 15, 2008
Peterborough Public Library Auditorium (345 Aylmer Street North)
The conference is free and open to all members of the public. No
registration is required. Resource booklets on anti-oppressive
environmental activism will be available to conference participants
(suggested donation: $5). Everyone is welcome to attend!
Schedule
FRIDAY, MARCH 14
7:00-9:00 pm: Peterborough Public Library Auditorium
Keynote Address: "Stories Less Told: Environmental Justice and Racism in Canada"
A panel discussion with:
*Andil Gosine (York University), author of "Environmental Justice and
Racism in Canada: An Introduction"
*Karen Okamoto, "Environmental Justice and Racism in Canada" contributor
9:00 pm-1:00 am: The Red Dog (189 Hunter Street West)
Beats 4 Justice! Fundraiser for the Ardoch Algonquin First Nation
A night of spoken word, Afro-soul, down-tempo electronica, and beats
~ Featuring:
*DJ Sheena
*The Unity Singers
*Dave Hudson
*Hesper Philip-Chamberlain
*LAL
$10 waged/$5 unwaged, or pay-as-much-as-you-can
SATURDAY, MARCH 15: Peterborough Public Library Auditorium
12:00-12:15
Welcoming remarks
12:15-2:15
"Environmental Racism and the Seasonal Agricultural Workers Program"
A panel discussion with:
*Chris Ramsaroop (Justicia for Migrant Workers)
*Janet McLaughlin (PhD Candidate, Anthropology, University of Toronto)
*Allan, participant in the Seasonal Agricultural Workers Program
2:15-2:30
Refreshment break
2:30-4:30
"Impacts of Energy Extraction and Climate Change on Indigenous Peoples"
A panel discussion with:
*Paula Sherman (Co-Chief, Ardoch Algonquin First Nation)
*Leanne Simpson (Past director of Trent University's Indigenous
Environmental Studies Program)
*Clayton Thomas-Muller (Indigenous Environmental Network)
4:30-4:45
Refreshment break
4:45-6:00
"Where Do We Go From Here? Organizing for Structural Change"
A workshop with:
*Clayton Thomas-Muller (Indigenous Environmental Network)
*Chris Ramsaroop (Justicia for Migrant Workers)
**********
Sponsored and supported by: Community and Race Relations Committee of
Peterborough; CUPE Local 3908; Fair Trade Trent; Frost Centre for
Canadian Studies and Native Studies; Kawartha World Issues Centre; New
Canadians Centre Peterborough; OPIRG-Peterborough;
Peterborough-Kawarthas Chapter of the Council of Canadians;
Peterborough Coalition Against Poverty; Sustainable Trent; Roy Brady;
Theatre Trent; Trent Central Student Association; Trent Centre for
Community-Based Education; Trent Environmental Students Society; Trent
University Faculty Association; Trent University's Canadian Studies,
Environmental and Resource Studies, Politics, Sociology, and Women's
Studies Departments; Trent University's Champlain, Gzowski, Lady
Eaton, Otonabee, and Traill College Cabinets; Trent University
Graduate Student Association; and Trent University's Environmental
Issues and Women's Issues Commissioners.
For more information, email whygreenisntenough@gmail.com, visit the
conference website at http://whygreenisntenough.blogspot.com, or
contact the Kawartha World Issues Centre: (705) 748-1680.
Peterborough Public Library Auditorium (345 Aylmer Street North)
The conference is free and open to all members of the public. No
registration is required. Resource booklets on anti-oppressive
environmental activism will be available to conference participants
(suggested donation: $5). Everyone is welcome to attend!
Schedule
FRIDAY, MARCH 14
7:00-9:00 pm: Peterborough Public Library Auditorium
Keynote Address: "Stories Less Told: Environmental Justice and Racism in Canada"
A panel discussion with:
*Andil Gosine (York University), author of "Environmental Justice and
Racism in Canada: An Introduction"
*Karen Okamoto, "Environmental Justice and Racism in Canada" contributor
9:00 pm-1:00 am: The Red Dog (189 Hunter Street West)
Beats 4 Justice! Fundraiser for the Ardoch Algonquin First Nation
A night of spoken word, Afro-soul, down-tempo electronica, and beats
~ Featuring:
*DJ Sheena
*The Unity Singers
*Dave Hudson
*Hesper Philip-Chamberlain
*LAL
$10 waged/$5 unwaged, or pay-as-much-as-you-can
SATURDAY, MARCH 15: Peterborough Public Library Auditorium
12:00-12:15
Welcoming remarks
12:15-2:15
"Environmental Racism and the Seasonal Agricultural Workers Program"
A panel discussion with:
*Chris Ramsaroop (Justicia for Migrant Workers)
*Janet McLaughlin (PhD Candidate, Anthropology, University of Toronto)
*Allan, participant in the Seasonal Agricultural Workers Program
2:15-2:30
Refreshment break
2:30-4:30
"Impacts of Energy Extraction and Climate Change on Indigenous Peoples"
A panel discussion with:
*Paula Sherman (Co-Chief, Ardoch Algonquin First Nation)
*Leanne Simpson (Past director of Trent University's Indigenous
Environmental Studies Program)
*Clayton Thomas-Muller (Indigenous Environmental Network)
4:30-4:45
Refreshment break
4:45-6:00
"Where Do We Go From Here? Organizing for Structural Change"
A workshop with:
*Clayton Thomas-Muller (Indigenous Environmental Network)
*Chris Ramsaroop (Justicia for Migrant Workers)
**********
Sponsored and supported by: Community and Race Relations Committee of
Peterborough; CUPE Local 3908; Fair Trade Trent; Frost Centre for
Canadian Studies and Native Studies; Kawartha World Issues Centre; New
Canadians Centre Peterborough; OPIRG-Peterborough;
Peterborough-Kawarthas Chapter of the Council of Canadians;
Peterborough Coalition Against Poverty; Sustainable Trent; Roy Brady;
Theatre Trent; Trent Central Student Association; Trent Centre for
Community-Based Education; Trent Environmental Students Society; Trent
University Faculty Association; Trent University's Canadian Studies,
Environmental and Resource Studies, Politics, Sociology, and Women's
Studies Departments; Trent University's Champlain, Gzowski, Lady
Eaton, Otonabee, and Traill College Cabinets; Trent University
Graduate Student Association; and Trent University's Environmental
Issues and Women's Issues Commissioners.
For more information, email whygreenisntenough@gmail.com, visit the
conference website at http://whygreenisntenough.blogspot.com, or
contact the Kawartha World Issues Centre: (705) 748-1680.
Saturday, March 8, 2008
On the SUMP e-mail list?
If you're on the sumptbo@gmail.com list (or asked Alissa or Anna to be on our lists) and haven't been getting e-mails from us please add us to your address book and check your Spam folder, we're getting a lot of bounced messages, especially from Hotmail.
Thanks!
Alissa
Thanks!
Alissa
Friday, March 7, 2008
Why Bob Lovelace is in jail; A message is being sent to mining companies: Ontario is open for business
The Kingston Whig- Standard
I know Bob Lovelace as a soft-spoken and self-reliant neighbour, devoted father and dedicated Queen's University teacher admired by his students and colleagues. He's the kind of guy who constructs a log house in the woods north of Kingston with his own skill and sweat; builds a box planter at the local swimming spot and keeps it stocked with marigolds and petunias; and provides venison for a potluck supper. He's as innately confrontational as a panda bear.
Yet much of the public knows Bob Lovelace as a nominally militant aboriginal prisoner now serving a six-month jail sentence and facing cumulative personal fines of nearly $400,000 for contempt of court. His transgression? Refusing to obey a judicial order not to continue his peaceful blockade at a proposed uranium mine site on lands Algonquin First Nations have never ceded title to under any prior treaty or land claim settlement.
Yet, as even the mine promoter's lawyer has admitted in court hearings, there is a vanishingly small chance a uranium mine will ever get built at the headwaters of the Mississippi River northwest of Sharbot Lake. Compared to other deposits in Saskatchewan, Australia, South Africa and Asia, the ore is laughably low-grade, and the cost to mine fatally high.
So how did it come to this?
In effect, Bob is in jail because he has quietly, but implacably, declined to concede that a provincial court has the ultimate authority to decide what happens on lands his Algonquin forebears have used without ecological abuse for thousands of years.
A key point is that these are not private lands in dispute. The collision has occurred because. for more than a century. Ontario governments have blithely assumed that all provincial lands are solely entrusted to it, and are thus subject to mining laws that allow any prospector or com-pany, from anywhere, to stake out land and claim any mineral wealth below. Without asking anyone else's permission.
In this case, the provincial Ministry of Natural Resources handed out the permits to a fledgling outfit called Frontenac Ventures, and the com-pany maintains that it can drill for uranium with the law on its side. Without First Nation approval.
On this, the company, a provincial court and the cabinet of Dalton McGuinty tacitly agree. That's why my neighbour is in prison as a kind of conscientious objector, his impoverished First Nation is facing additional cumulative fines of nearly $400,000, and Frontenac Ventures has the sanction to drill for uranium deposits that will never prove profitable.
This makes no sense at all - unless the real issue here is far larger and more deceptive than a puny, potentially speculative mine play that may capitalize on gullible or greedy investors fixated on the spiking world price of uranium, and the venerable flim-flam tactic of selling them sizzle instead of steak.
My bet is that the Ontario government knows - just as well as Canada's major uranium com-panies know - that eastern Ontario is essentially bereft of profitable deposits. Compared to the mammoth, rich, easy-to mine uranium reserves in northern Saskatchewan, which are known as "elephants" in industry parlance, those from Sharbot Lake to Bancroft to Elliot Lake are like scattered mice.
Perversely, because these Ontario deposits would yield far few ounces of uranium per tonne of ore mined, the volume of radioactively contaminated waste rock and other lethal pollutants would be far greater. So the public pollution risk would be high, and the financial reward small to non-existent for a private company.
The Ontario government is not blind to these facts. Or to the past legacy of uranium mining at Elliot Lake, which left more than 100 million tonnes of dangerous waste tailings for posterity, and desecrated the downstream Serpent River watershed. So what is really going on?
I suspect that the Ontario government is determined to assure the bigger, richer, more experienced mining interests, and international investors, that Ontario is a place where they can come and make serious money by mining not uranium but diamonds, gold, platinum, nickel, copper and zinc - with minimal hindrance. And because most of that potential mineral wealth is in northern Ontario, where most of the population is aboriginal, the right signals need to be sent. To mining companies, the Dalton McGuinty message is: Ontario is wide open for business. To First Nations it is: get on board, or out of the way - or go to jail.
As evidence of this, consider that the lawyer for Frontenac Ventures also represents a different mining company that wants to develop a platinum prospect near Big Trout Lake in northwest Ontario, despite determined First Nation opposition. There, aboriginal leaders are also facing, like Bob Lovelace, potential imprisonment and crippling fines. The lawyer representing Bob Lovelace also acts for the Big Trout community. So the confrontation is identical, except the mineral at the heart of the showdown is different.
There are hints that the platinum mine promoter, like Frontenac Ventures, might be willing to withdraw from that mine play if the Ontario government effectively pays it to go away. If this occurs, then it will be Ontario taxpayers who end up being mined for millions. not uranium or platinum deposits.
This would be bad for everyone except the victorious speculators, and the lawyers collecting Bay Street fees for their artful advice. It would prompt other speculators to try the same trick. And it would leave Bob Lovelace with a contempt of court conviction, facing a lifetime sentence of paying court-imposed fines, and his family wrenched by trauma. (To its great credit, Queen's University has pledged to restore his teaching post when he is released.)
In the end, I believe Bob Lovelace will be vindicated because, largely forgotten in this whole sinister drama, is the likelihood that he has the highest law of the land on his side. The Supreme Court of Canada has ruled, after a century of plaintive petitions from aboriginal leaders from coast to coast to coast, that they collectively hold certain fundamental rights to land and resources, to First Nation cultural preservation, and to be consulted before those may be put at risk.
Uranium ore poses just such a risk. In spades. Once unearthed, it constantly emits invisible but deadly radioactive particles that respect nothing. These can bio-accumulate indiscriminately in countless plants and animals, effectively gaining lethality over time because nothing in nature can destroy them. Many of these radioactive particles mimic beneficial body chemicals like calcium or iodine, are especially perilous to children and women of child-bearing age, and can impair the human gene pool.
And finally, because the only two uses of uranium are for nuclear reactors that covert it into other forms of even more lethal, long-lived radioactive wastes, or for nuclear weapons, a strong case can be made that all uranium, everywhere, is too dangerous to be mined by anyone. Period. And that it is any sensible citizen's civic duty to prevent such future harm.
If it goes that far, I suspect that some day the Supreme Court of Canada will rule that the rights of the Algonquins were violated when the Ontario government issued uranium exploration permits on unceded lands without authentic consultation and consent.
Meanwhile, it is tragic that while my thoughtful neighbour remains in a Lindsay jail an eternity away from his kids, none of these biological, human health and legal facts seem to be troubling the mind of our premier or his minister of aboriginal affairs. Judging by their deafening silence, for them Bob Lovelace apparently does not exist.
- Paul McKay is a former Whig-Standard reporter and the author of a biography of business magnate Stephen Roman and the Elliot Lake uranium industry.
I know Bob Lovelace as a soft-spoken and self-reliant neighbour, devoted father and dedicated Queen's University teacher admired by his students and colleagues. He's the kind of guy who constructs a log house in the woods north of Kingston with his own skill and sweat; builds a box planter at the local swimming spot and keeps it stocked with marigolds and petunias; and provides venison for a potluck supper. He's as innately confrontational as a panda bear.
Yet much of the public knows Bob Lovelace as a nominally militant aboriginal prisoner now serving a six-month jail sentence and facing cumulative personal fines of nearly $400,000 for contempt of court. His transgression? Refusing to obey a judicial order not to continue his peaceful blockade at a proposed uranium mine site on lands Algonquin First Nations have never ceded title to under any prior treaty or land claim settlement.
Yet, as even the mine promoter's lawyer has admitted in court hearings, there is a vanishingly small chance a uranium mine will ever get built at the headwaters of the Mississippi River northwest of Sharbot Lake. Compared to other deposits in Saskatchewan, Australia, South Africa and Asia, the ore is laughably low-grade, and the cost to mine fatally high.
So how did it come to this?
In effect, Bob is in jail because he has quietly, but implacably, declined to concede that a provincial court has the ultimate authority to decide what happens on lands his Algonquin forebears have used without ecological abuse for thousands of years.
A key point is that these are not private lands in dispute. The collision has occurred because. for more than a century. Ontario governments have blithely assumed that all provincial lands are solely entrusted to it, and are thus subject to mining laws that allow any prospector or com-pany, from anywhere, to stake out land and claim any mineral wealth below. Without asking anyone else's permission.
In this case, the provincial Ministry of Natural Resources handed out the permits to a fledgling outfit called Frontenac Ventures, and the com-pany maintains that it can drill for uranium with the law on its side. Without First Nation approval.
On this, the company, a provincial court and the cabinet of Dalton McGuinty tacitly agree. That's why my neighbour is in prison as a kind of conscientious objector, his impoverished First Nation is facing additional cumulative fines of nearly $400,000, and Frontenac Ventures has the sanction to drill for uranium deposits that will never prove profitable.
This makes no sense at all - unless the real issue here is far larger and more deceptive than a puny, potentially speculative mine play that may capitalize on gullible or greedy investors fixated on the spiking world price of uranium, and the venerable flim-flam tactic of selling them sizzle instead of steak.
My bet is that the Ontario government knows - just as well as Canada's major uranium com-panies know - that eastern Ontario is essentially bereft of profitable deposits. Compared to the mammoth, rich, easy-to mine uranium reserves in northern Saskatchewan, which are known as "elephants" in industry parlance, those from Sharbot Lake to Bancroft to Elliot Lake are like scattered mice.
Perversely, because these Ontario deposits would yield far few ounces of uranium per tonne of ore mined, the volume of radioactively contaminated waste rock and other lethal pollutants would be far greater. So the public pollution risk would be high, and the financial reward small to non-existent for a private company.
The Ontario government is not blind to these facts. Or to the past legacy of uranium mining at Elliot Lake, which left more than 100 million tonnes of dangerous waste tailings for posterity, and desecrated the downstream Serpent River watershed. So what is really going on?
I suspect that the Ontario government is determined to assure the bigger, richer, more experienced mining interests, and international investors, that Ontario is a place where they can come and make serious money by mining not uranium but diamonds, gold, platinum, nickel, copper and zinc - with minimal hindrance. And because most of that potential mineral wealth is in northern Ontario, where most of the population is aboriginal, the right signals need to be sent. To mining companies, the Dalton McGuinty message is: Ontario is wide open for business. To First Nations it is: get on board, or out of the way - or go to jail.
As evidence of this, consider that the lawyer for Frontenac Ventures also represents a different mining company that wants to develop a platinum prospect near Big Trout Lake in northwest Ontario, despite determined First Nation opposition. There, aboriginal leaders are also facing, like Bob Lovelace, potential imprisonment and crippling fines. The lawyer representing Bob Lovelace also acts for the Big Trout community. So the confrontation is identical, except the mineral at the heart of the showdown is different.
There are hints that the platinum mine promoter, like Frontenac Ventures, might be willing to withdraw from that mine play if the Ontario government effectively pays it to go away. If this occurs, then it will be Ontario taxpayers who end up being mined for millions. not uranium or platinum deposits.
This would be bad for everyone except the victorious speculators, and the lawyers collecting Bay Street fees for their artful advice. It would prompt other speculators to try the same trick. And it would leave Bob Lovelace with a contempt of court conviction, facing a lifetime sentence of paying court-imposed fines, and his family wrenched by trauma. (To its great credit, Queen's University has pledged to restore his teaching post when he is released.)
In the end, I believe Bob Lovelace will be vindicated because, largely forgotten in this whole sinister drama, is the likelihood that he has the highest law of the land on his side. The Supreme Court of Canada has ruled, after a century of plaintive petitions from aboriginal leaders from coast to coast to coast, that they collectively hold certain fundamental rights to land and resources, to First Nation cultural preservation, and to be consulted before those may be put at risk.
Uranium ore poses just such a risk. In spades. Once unearthed, it constantly emits invisible but deadly radioactive particles that respect nothing. These can bio-accumulate indiscriminately in countless plants and animals, effectively gaining lethality over time because nothing in nature can destroy them. Many of these radioactive particles mimic beneficial body chemicals like calcium or iodine, are especially perilous to children and women of child-bearing age, and can impair the human gene pool.
And finally, because the only two uses of uranium are for nuclear reactors that covert it into other forms of even more lethal, long-lived radioactive wastes, or for nuclear weapons, a strong case can be made that all uranium, everywhere, is too dangerous to be mined by anyone. Period. And that it is any sensible citizen's civic duty to prevent such future harm.
If it goes that far, I suspect that some day the Supreme Court of Canada will rule that the rights of the Algonquins were violated when the Ontario government issued uranium exploration permits on unceded lands without authentic consultation and consent.
Meanwhile, it is tragic that while my thoughtful neighbour remains in a Lindsay jail an eternity away from his kids, none of these biological, human health and legal facts seem to be troubling the mind of our premier or his minister of aboriginal affairs. Judging by their deafening silence, for them Bob Lovelace apparently does not exist.
- Paul McKay is a former Whig-Standard reporter and the author of a biography of business magnate Stephen Roman and the Elliot Lake uranium industry.
A message from Peter Tabuns (Ontario NDP Critic on Energy and the Environment)
Thank you for coming to this very important rally. Your support is welcome and appreciated by the Ontario NDP.
This is a very sad time in the history of Ontario. The McGuinty government stands in contempt of its responsibility to hold meaningful consultations with First Nations on activities affecting their traditional lands and yet, First Nation Leaders, like Robert Lovelace and Paula Sherman, are being made to suffer the consequences. The McGuinty government in its mad dash for more nuclear power has failed to consult with Ontarians and has exempted its own nuclear plans from the provincial environmental assessment process. Now the McGuinty government is failing to undertake meaningful consultations with the Ardoch First Nation while letting a uranium exploration company run roughshod over the Ardoch First Nation's rights. Clearly, this is a government committed to the nuclear industry at any cost. There is a very disturbing trend developing across the province, whereby the constitutional rights of First Nations are being shamelessly violated by the McGuinty government.
New Democrats agree with Amnesty International and others that the McGuinty government must stop breaching its own legal obligations to First Nations and to the people of Ontario. We need an immediate moratorium on uranium mining in Eastern Ontario so meaningful consultations with the Ardoch First Nation are undertaken and a mutually acceptable resolution is reached.
In Solidarity
Peter Tabuns, MPP
Toronto-Danforth
This is a very sad time in the history of Ontario. The McGuinty government stands in contempt of its responsibility to hold meaningful consultations with First Nations on activities affecting their traditional lands and yet, First Nation Leaders, like Robert Lovelace and Paula Sherman, are being made to suffer the consequences. The McGuinty government in its mad dash for more nuclear power has failed to consult with Ontarians and has exempted its own nuclear plans from the provincial environmental assessment process. Now the McGuinty government is failing to undertake meaningful consultations with the Ardoch First Nation while letting a uranium exploration company run roughshod over the Ardoch First Nation's rights. Clearly, this is a government committed to the nuclear industry at any cost. There is a very disturbing trend developing across the province, whereby the constitutional rights of First Nations are being shamelessly violated by the McGuinty government.
New Democrats agree with Amnesty International and others that the McGuinty government must stop breaching its own legal obligations to First Nations and to the people of Ontario. We need an immediate moratorium on uranium mining in Eastern Ontario so meaningful consultations with the Ardoch First Nation are undertaken and a mutually acceptable resolution is reached.
In Solidarity
Peter Tabuns, MPP
Toronto-Danforth
MOVIE SCREENING: Uranium
Wednesday, March 26, 7pm at Sadleir House (751 George St)
The Ontario Public Interest Research Group (OPIRG) and Amnesty International
will be presenting a movie event at Sadleir House featuring the movie
Uranium that explores the consequences of uranium mining in Canada.
It examines the profound toxic and radioactive waste environmental
hazards associated with uranium mining, and exposes the mining
companies' brutal violation of the traditional economic and spiritual
lives of many aboriginal people.
Contact: opirg@trentu.ca
The Ontario Public Interest Research Group (OPIRG) and Amnesty International
will be presenting a movie event at Sadleir House featuring the movie
Uranium that explores the consequences of uranium mining in Canada.
It examines the profound toxic and radioactive waste environmental
hazards associated with uranium mining, and exposes the mining
companies' brutal violation of the traditional economic and spiritual
lives of many aboriginal people.
Contact: opirg@trentu.ca
Trent faculty supporting legal defence for native professor convicted of contempt of court
Peterborough Examiner
The Trent University Faculty Association has publicly declared its support for Prof. Paula Sherman and donated $1,000 to her defence fund.
Sherman, co-chief of the Ardoch Algonquin First Nation and Trent professor, and Robert Lovelace, a spokesman for Ardoch, aboriginal affairs counsellor at Fleming College and professor at Queen’s University, were both sentenced to six months in jail for contempt of court last month in Superior Court of Justice.
Sherman took a $15,000 penalty instead of going to jail so she could stay with her children.
Ardoch community members have been angered by mining exploration on their land, which was done without consultation by the provincial government or the mining company, according to their lawyer.
The faculty association formally condemned the court decision Monday.
In a release, it stated that “the treatment of its member violates her right to public protest as a citizen and obstructs her academic freedom which includes the right to criticize without the threat of reprisal or discrimination.”
The faculty association also contributed $1,000 to Sherman’s defence fund.
"It's important for us to come forward to support our faculty particularly when they're carrying out their duties that could be interpreted as an extension of what they do as faculty members," faculty association president Susan Wurtele told The Examiner.
The university has also organized a "teach in" for next week, she said. Led by Sherman, it will be an opportunity to update faculty about the situation, so they can better explain it to their students, Wurtele said.
Chris Reid, who represents Sherman and Lovelace, said the faculty association’s support isn’t surprising. Lovelace is also being supported by faculty at Queen’s University, he said.
“The faculty association is a union of sorts and unions have very often been targets of injunctions and contempt of court motions.... They fully understand an order like this and how it’s used to, in some cases, to suppress dissent and muzzle free speech,” he said.
Reid said there are number of fundraising campaigns organized for Sherman and Lovelace.
So far his office has received $2,500 in trust, he said.
The money is primarily going to families who have been fined for protesting, Reid said.
Reid also said an announcement will be made next week regarding an appeal.
“There is an ambivalence about the Ardoch Algonquins.... It’s not a simple issue of whether to appeal or not because they don’t even feel they should be in the Ontario Court system,” he said.
A rally in support of Sherman and Lovelace, scheduled for tomorrow, is expected to draw hundreds of people.
Organized by the Ontario Public Interest Research Group Peterborough, the rally starts at noon in Confederation Square. It will go through downtown, with a stop at MPP Jeff Leal’s office.
Wurtele said she and other Trent faculty members plan on attending.
For more information about the rally contact nicolemcrae@trentu.ca.
Sherman could not be reached for comment yesterday.
fisaacson@peterboroughexaminer.com
The Trent University Faculty Association has publicly declared its support for Prof. Paula Sherman and donated $1,000 to her defence fund.
Sherman, co-chief of the Ardoch Algonquin First Nation and Trent professor, and Robert Lovelace, a spokesman for Ardoch, aboriginal affairs counsellor at Fleming College and professor at Queen’s University, were both sentenced to six months in jail for contempt of court last month in Superior Court of Justice.
Sherman took a $15,000 penalty instead of going to jail so she could stay with her children.
Ardoch community members have been angered by mining exploration on their land, which was done without consultation by the provincial government or the mining company, according to their lawyer.
The faculty association formally condemned the court decision Monday.
In a release, it stated that “the treatment of its member violates her right to public protest as a citizen and obstructs her academic freedom which includes the right to criticize without the threat of reprisal or discrimination.”
The faculty association also contributed $1,000 to Sherman’s defence fund.
"It's important for us to come forward to support our faculty particularly when they're carrying out their duties that could be interpreted as an extension of what they do as faculty members," faculty association president Susan Wurtele told The Examiner.
The university has also organized a "teach in" for next week, she said. Led by Sherman, it will be an opportunity to update faculty about the situation, so they can better explain it to their students, Wurtele said.
Chris Reid, who represents Sherman and Lovelace, said the faculty association’s support isn’t surprising. Lovelace is also being supported by faculty at Queen’s University, he said.
“The faculty association is a union of sorts and unions have very often been targets of injunctions and contempt of court motions.... They fully understand an order like this and how it’s used to, in some cases, to suppress dissent and muzzle free speech,” he said.
Reid said there are number of fundraising campaigns organized for Sherman and Lovelace.
So far his office has received $2,500 in trust, he said.
The money is primarily going to families who have been fined for protesting, Reid said.
Reid also said an announcement will be made next week regarding an appeal.
“There is an ambivalence about the Ardoch Algonquins.... It’s not a simple issue of whether to appeal or not because they don’t even feel they should be in the Ontario Court system,” he said.
A rally in support of Sherman and Lovelace, scheduled for tomorrow, is expected to draw hundreds of people.
Organized by the Ontario Public Interest Research Group Peterborough, the rally starts at noon in Confederation Square. It will go through downtown, with a stop at MPP Jeff Leal’s office.
Wurtele said she and other Trent faculty members plan on attending.
For more information about the rally contact nicolemcrae@trentu.ca.
Sherman could not be reached for comment yesterday.
fisaacson@peterboroughexaminer.com
Uranium & Sharbot Lake on Trent Radio
These links will only be good for a week so check out these shows if you missed them live:
Peterborough Women's Hour
KWIC Radio
Peterborough Women's Hour
KWIC Radio
Theater Troupe!
Hello!
Peterborough is starting up a theater troupe to facilitate building awareness around Uranium Mining, focusing on Sharbot Lake, KI, Haliburton and Bancroft.
Come join! This will be a loose coalition, and new members are always welcome.
We will be making masks this Sunday at 1pm, contact Monica if you are interested at monicapeters@gmail.com.
Keep an eye out for us on the streets of Peterborough :)
Cheers,
Mossy Sprite
Peterborough is starting up a theater troupe to facilitate building awareness around Uranium Mining, focusing on Sharbot Lake, KI, Haliburton and Bancroft.
Come join! This will be a loose coalition, and new members are always welcome.
We will be making masks this Sunday at 1pm, contact Monica if you are interested at monicapeters@gmail.com.
Keep an eye out for us on the streets of Peterborough :)
Cheers,
Mossy Sprite
Monday, March 3, 2008
Stop Uranium Mining Peterborough
A central e-mail address and announcement list has been created for Peterborough uranium mining moratorium news and events Please send us your updates and announcements. To be added to this list just drop us a line:
sumptbo@gmail.com
sumptbo@gmail.com
Citizen's Enquiry
Call for Submissions
February 28, 2008 The Ontario government has a duty to protect its citizens and has failed in that duty. In the absence of action from the McGuinty government, The Community Coalition Against Mining Uranium (CCAMU), in conjunction with a number of non-government organizations* initiated a Citizen’s Inquiry on December 13, 2007.
The Citizen’s Inquiry on the Impacts of the Uranium Cycle will be open to the public and we invite your participation. Public Hearings, before a panel and chairperson, are scheduled to take place throughout April, 2008 in Sharbot Lake, Kingston, Peterborough and Ottawa.
The Inquiry aims to look at the full cycle: from staking; through to the exploration and mining of uranium; to enrichment; power generation; weapons potential, and to spent fuel rod disposal. Everyone is welcome to participate, whether an expert or simply interested in, or affected by, the issue. We are looking for commentary on community, health and social justice issues and the environment.
Presentations made in person to the Inquiry can include written material, power point presentations, audio and video formats, poems, plays, skits and songs. Presentations will be limited to 10 minutes in length. Written material accompanying the presentation, or submitted separately, will be incorporated into the final document and can be viewed online at: www.uraniumcitizensinquiry.com
Preregistration (at www.uraniumcitizensinquiry.com or at the contact listed below) is required. Check the website for more information and for deadlines in regard to the venue of your choice. In addition to submissions received as a result of a presentation, we welcome written or electronic submissions of any length, which can be forwarded until May 1st to: info@uraniumcitizensinquiry.com or to the contact info below.
Some History
Several areas of eastern Ontario and western Quebec have been staked for uranium exploration in the last 2 years. Some of this is private property; some is Crown land. This has caused grave concern amongst both the aboriginal and the non-native communities. Uranium mining in these areas carries a potential for contamination of three major river systems, two of them upstream of Ottawa, as well as air-born contamination of population centres and agricultural lands.
The Ardoch and Shabot Obaadjiwaan First Nations have taken action to stop drilling on their ancestral lands north of Sharbot Lake, and have been joined by many hundreds of non-native citizens concerned about their communities.
Nine local Municipal Councils and two County Councils have passed resolutions petitioning the Ontario government for a moratorium on uranium mining in eastern Ontario. They are joined by the two First Nations communities, several not-for-profit organizations and thousands of Ontario residents who have signed petitions.
About the Community Coalition Against Mining Uranium
CCAMU is a grassroots organization that supports a moratorium on the exploration and mining of uranium in Eastern Ontario. We have branches in Ottawa, Carleton Place, Kingston and Peterborough and many thousands of people participating in events, rallies, letter writing campaigns and actions. More information about CCAMU is available at our website: www.ccamu.ca .
The group was formed in response to the proposed exploration for and development of a uranium mine north of Sharbot Lake and upriver of Ottawa. The local First Nation communities have taken action to stop the drilling on their ancestral lands. We are supporting them in this and their efforts are appreciated. We are making history with our joint action.
CCAMU members are projecting their in-kind contributions to be in excess of 1,000 hours to plan, organize, promote and run the event, and deliver the report. The inquiry budget is $30,500. We are actively looking for financial support to help with these costs. Cheques, made out to “Uranium Mining Moratorium Fund” with the notation that they are to be used for the Citizen’s Inquiry can be mailed to the address below. This account is administered and audited by the Tay Legal Defence Fund
We look forward to your participation in the Inquiry. Please don’t hesitate to contact us with any questions you may have.
Sincerely
Donna Dillman
For the Inquiry Committee
Contact info for submissions and registrations:
2799 McDonald’s Corners Rd.
R.R.#3
Lanark, ON
K0G 1K0
www.uraniumcitizensinquiry.com
info@uraniumcitizensinquiry.com
*(Green Peace, MiningWatch Canada, Canadian Coalition for Nuclear Responsibility, Canadian Association of Physicians for the Environment, David Suzuki Foundation, Voice of Women, Sierra Club of Canada and Students Against Climate Change)
February 28, 2008 The Ontario government has a duty to protect its citizens and has failed in that duty. In the absence of action from the McGuinty government, The Community Coalition Against Mining Uranium (CCAMU), in conjunction with a number of non-government organizations* initiated a Citizen’s Inquiry on December 13, 2007.
The Citizen’s Inquiry on the Impacts of the Uranium Cycle will be open to the public and we invite your participation. Public Hearings, before a panel and chairperson, are scheduled to take place throughout April, 2008 in Sharbot Lake, Kingston, Peterborough and Ottawa.
The Inquiry aims to look at the full cycle: from staking; through to the exploration and mining of uranium; to enrichment; power generation; weapons potential, and to spent fuel rod disposal. Everyone is welcome to participate, whether an expert or simply interested in, or affected by, the issue. We are looking for commentary on community, health and social justice issues and the environment.
Presentations made in person to the Inquiry can include written material, power point presentations, audio and video formats, poems, plays, skits and songs. Presentations will be limited to 10 minutes in length. Written material accompanying the presentation, or submitted separately, will be incorporated into the final document and can be viewed online at: www.uraniumcitizensinquiry.com
Preregistration (at www.uraniumcitizensinquiry.com or at the contact listed below) is required. Check the website for more information and for deadlines in regard to the venue of your choice. In addition to submissions received as a result of a presentation, we welcome written or electronic submissions of any length, which can be forwarded until May 1st to: info@uraniumcitizensinquiry.com or to the contact info below.
Some History
Several areas of eastern Ontario and western Quebec have been staked for uranium exploration in the last 2 years. Some of this is private property; some is Crown land. This has caused grave concern amongst both the aboriginal and the non-native communities. Uranium mining in these areas carries a potential for contamination of three major river systems, two of them upstream of Ottawa, as well as air-born contamination of population centres and agricultural lands.
The Ardoch and Shabot Obaadjiwaan First Nations have taken action to stop drilling on their ancestral lands north of Sharbot Lake, and have been joined by many hundreds of non-native citizens concerned about their communities.
Nine local Municipal Councils and two County Councils have passed resolutions petitioning the Ontario government for a moratorium on uranium mining in eastern Ontario. They are joined by the two First Nations communities, several not-for-profit organizations and thousands of Ontario residents who have signed petitions.
About the Community Coalition Against Mining Uranium
CCAMU is a grassroots organization that supports a moratorium on the exploration and mining of uranium in Eastern Ontario. We have branches in Ottawa, Carleton Place, Kingston and Peterborough and many thousands of people participating in events, rallies, letter writing campaigns and actions. More information about CCAMU is available at our website: www.ccamu.ca .
The group was formed in response to the proposed exploration for and development of a uranium mine north of Sharbot Lake and upriver of Ottawa. The local First Nation communities have taken action to stop the drilling on their ancestral lands. We are supporting them in this and their efforts are appreciated. We are making history with our joint action.
CCAMU members are projecting their in-kind contributions to be in excess of 1,000 hours to plan, organize, promote and run the event, and deliver the report. The inquiry budget is $30,500. We are actively looking for financial support to help with these costs. Cheques, made out to “Uranium Mining Moratorium Fund” with the notation that they are to be used for the Citizen’s Inquiry can be mailed to the address below. This account is administered and audited by the Tay Legal Defence Fund
We look forward to your participation in the Inquiry. Please don’t hesitate to contact us with any questions you may have.
Sincerely
Donna Dillman
For the Inquiry Committee
Contact info for submissions and registrations:
2799 McDonald’s Corners Rd.
R.R.#3
Lanark, ON
K0G 1K0
www.uraniumcitizensinquiry.com
info@uraniumcitizensinquiry.com
*(Green Peace, MiningWatch Canada, Canadian Coalition for Nuclear Responsibility, Canadian Association of Physicians for the Environment, David Suzuki Foundation, Voice of Women, Sierra Club of Canada and Students Against Climate Change)
Trent Professor’s Protest Results in Contempt of Court of Conviction
www.trentu.ca
Thursday, February 28, 2008
In response to a court decision to convict Trent University professor Paula Sherman on charges of contempt of court regarding the continuation of a blockade at a uranium mine near Sharbot Lake, some members of the Trent University community have expressed concern about the conviction and the size of the fine Sherman was required to pay to avoid jail time.
Professor Sherman was released without jail time but was required to pay a $15,000 fine. Professor Robert Lovelace of Queen’s University was also convicted and sentenced to six months in jail and fined $25,000.
“We know that some members of the Trent and Queen’s University communities are very concerned about these developments,” said Bonnie Patterson, President and Vice-Chancellor.
The President stressed that, “Trent University has already publicly affirmed its support for Professor Sherman by stating that her employment is not in jeopardy as a result of this conviction. I have also received calls of support for Professor Sherman from Trent students confirming that Paula is a highly valued academic in the Trent community.”
President Patterson reasserted Trent University’s commitment to those provisions of the collective agreement that speak to the importance of academic freedom. The agreement affirms the ability of faculty to execute their legal rights as private citizens to engage in advocacy activities, with no sanction by the University.
The President adds that the reports indicate Professor Sherman was exercising her legal right to protest. “In participating in this protest, Professor Sherman is protected from any penalties by the University,” said Patterson. She added that it is entirely expected that faculty will serve as advocates outside of the University on issues that are important to them.
Many people e-mailed Patterson asking her to issue a statement of SUPPORT for Prof Sherman. If you, like many people, think this press release does not reflect this e-mail President Bonnie Patterson (bmpatterson@trentu.ca) and copy it to your student association: full-time & school of education (info@trentcsa.ca), parttime (jbc@trentu.ca), grads (davidhugill@trentu.ca) , & alumni
(alumni@trentu.ca)
In response to a court decision to convict Trent University professor Paula Sherman on charges of contempt of court regarding the continuation of a blockade at a uranium mine near Sharbot Lake, some members of the Trent University community have expressed concern about the conviction and the size of the fine Sherman was required to pay to avoid jail time.
Professor Sherman was released without jail time but was required to pay a $15,000 fine. Professor Robert Lovelace of Queen’s University was also convicted and sentenced to six months in jail and fined $25,000.
“We know that some members of the Trent and Queen’s University communities are very concerned about these developments,” said Bonnie Patterson, President and Vice-Chancellor.
The President stressed that, “Trent University has already publicly affirmed its support for Professor Sherman by stating that her employment is not in jeopardy as a result of this conviction. I have also received calls of support for Professor Sherman from Trent students confirming that Paula is a highly valued academic in the Trent community.”
President Patterson reasserted Trent University’s commitment to those provisions of the collective agreement that speak to the importance of academic freedom. The agreement affirms the ability of faculty to execute their legal rights as private citizens to engage in advocacy activities, with no sanction by the University.
The President adds that the reports indicate Professor Sherman was exercising her legal right to protest. “In participating in this protest, Professor Sherman is protected from any penalties by the University,” said Patterson. She added that it is entirely expected that faculty will serve as advocates outside of the University on issues that are important to them.
Many people e-mailed Patterson asking her to issue a statement of SUPPORT for Prof Sherman. If you, like many people, think this press release does not reflect this e-mail President Bonnie Patterson (bmpatterson@trentu.ca) and copy it to your student association: full-time & school of education (info@trentcsa.ca), parttime (jbc@trentu.ca), grads (davidhugill@trentu.ca) , & alumni
(alumni@trentu.ca)
Day of Action!
Friday, March 14, ALL DAY, ALL ACROSS ONTARIO!
Along with the other lobbying work we have been doing, we are using this one day to flood the offices of Premier Dalton McGuinty, Minister of Aboriginal Affairs Michael Bryant, and your local MPP. This date is important as the Legislature will be sitting on the 17th and the next round of sentencing in Frontenac's injunction will be on the 18th.
NUMBERS:
Dalton McGuinty - 613-736-9573
Michael Bryant - 416-656-0943
Jeff Leal (MPP Peterborough Riding) - 705-742-3777
WHEN: between 9am - 5pm Friday, March 14 (If that doesn't work for you, anytime is better than never).
WHAT TO EXPECT: These number will take you directly to their constituency offices, where their assistants will either pick up, or you will be put through to voicemail. You can leave a personal message or voicemail recording for their assistants to pass on to them. If you get a busy signal it likely means that someone else is calling in on the same issue. Wait a couple minutes and try again.
WHAT TO SAY: Identify who you are and where you are from. State that you are leaving a message for the Premier, Minister or MPP, and express your support for a moratorium on uranium exploration and mining, and demand that fair and meaningful consultations with affected First Nations be started immediately.
--> Bonus points: Talk about a personal experience that proves to you why addressing this issue is so important and urgent.
Along with the other lobbying work we have been doing, we are using this one day to flood the offices of Premier Dalton McGuinty, Minister of Aboriginal Affairs Michael Bryant, and your local MPP. This date is important as the Legislature will be sitting on the 17th and the next round of sentencing in Frontenac's injunction will be on the 18th.
NUMBERS:
Dalton McGuinty - 613-736-9573
Michael Bryant - 416-656-0943
Jeff Leal (MPP Peterborough Riding) - 705-742-3777
WHEN: between 9am - 5pm Friday, March 14 (If that doesn't work for you, anytime is better than never).
WHAT TO EXPECT: These number will take you directly to their constituency offices, where their assistants will either pick up, or you will be put through to voicemail. You can leave a personal message or voicemail recording for their assistants to pass on to them. If you get a busy signal it likely means that someone else is calling in on the same issue. Wait a couple minutes and try again.
WHAT TO SAY: Identify who you are and where you are from. State that you are leaving a message for the Premier, Minister or MPP, and express your support for a moratorium on uranium exploration and mining, and demand that fair and meaningful consultations with affected First Nations be started immediately.
--> Bonus points: Talk about a personal experience that proves to you why addressing this issue is so important and urgent.
An Evening with Dr. Michael D. Mehta
Fri, Mar 7, 7:00 pm
WEIGHING THE RISKS OF NUCLEAR ENERGY- TOWARD A RENEWABLE ENERGY
STRATEGY FOR ONTARIO
Peterborough Public Library, 345 Aylmer Street North
Admission: Free (donations accepted)
Brought to you by SAGE. For more information, email: goSAGE@yahoo.ca
Or visit www.goSAGE.net
WEIGHING THE RISKS OF NUCLEAR ENERGY- TOWARD A RENEWABLE ENERGY
STRATEGY FOR ONTARIO
Peterborough Public Library, 345 Aylmer Street North
Admission: Free (donations accepted)
Brought to you by SAGE. For more information, email: goSAGE@yahoo.ca
Or visit www.goSAGE.net
KWIC Radio
Wednesday, March 5, 1pm at Trent Radio 92.7fm or www.trentradio.ca
Join the Kawartha World Issues Centre, with hostesses, Jo Hayward Haines and Mariana Marx, and special guests, as they explore and analyse issues of vital importance
to our world today. Great music, great conversation...you won't want to
miss it! Tune in the 1st Wednesday of each month from 1 to 2pm at 92.7
fm. Topic for March 5th.- Update on Anti-Uranium mining campaign and
Ardoch First Nations.
If you can't listen live check out www.trentradio.ca/logger
Join the Kawartha World Issues Centre, with hostesses, Jo Hayward Haines and Mariana Marx, and special guests, as they explore and analyse issues of vital importance
to our world today. Great music, great conversation...you won't want to
miss it! Tune in the 1st Wednesday of each month from 1 to 2pm at 92.7
fm. Topic for March 5th.- Update on Anti-Uranium mining campaign and
Ardoch First Nations.
If you can't listen live check out www.trentradio.ca/logger
No Uranium Show
Tues. Mar. 4, 8:30pm, at The Spill (414 George N)
This show is meant to raise awareness and funds in support of Paula
Sherman and Bob Lovelace, as well as the Ardoch Algonquin First Nation
and broader community members in their opposition to a uranium mine
near Sharbot Lake, Ontario.
All funds raised will go directly to support the legal defense fund
for the Ardoch. There will also be petitions to sign and letters to
send to members of the Ontario government. Please come out to support
these individuals and communities. We can all play a part in
protecting human rights, the environment, and our future. Small
actions can go a long way.
The show is FREE, with a suggested donation of $5, or PWYC. The fines
placed on the Ardoch community, Paula Sherman, and Bob Lovelace
collectively amount to $50,000. This means that any small contribution
from each of us can help significantly.
Lineup:
- The Daniel Huizenga Band (featuring Paul)
- Nicholas Keays
- Vin Heney
*with special guests TBA!*
Contact paulmccarney@trentu.ca or
http://trentu.facebook.com/event.php?eid=25692667552
This show is meant to raise awareness and funds in support of Paula
Sherman and Bob Lovelace, as well as the Ardoch Algonquin First Nation
and broader community members in their opposition to a uranium mine
near Sharbot Lake, Ontario.
All funds raised will go directly to support the legal defense fund
for the Ardoch. There will also be petitions to sign and letters to
send to members of the Ontario government. Please come out to support
these individuals and communities. We can all play a part in
protecting human rights, the environment, and our future. Small
actions can go a long way.
The show is FREE, with a suggested donation of $5, or PWYC. The fines
placed on the Ardoch community, Paula Sherman, and Bob Lovelace
collectively amount to $50,000. This means that any small contribution
from each of us can help significantly.
Lineup:
- The Daniel Huizenga Band (featuring Paul)
- Nicholas Keays
- Vin Heney
*with special guests TBA!*
Contact paulmccarney@trentu.ca or
http://trentu.facebook.com/event.php?eid=25692667552
Info Tabling At Trent:
Mon. Mar 3 - Wed. Mar 5, 9am-4pm at Trent University
To get the word out at Trent and get more signatures on our petitions
and letters sent to politicians there will be an info table at Trent
Monday - Wednesday We need people to staff this table! If you have an
hour or more to spare during these days please volunteer your time! If
you can't staff the table but are still on campus, please stop by and
say "Hi!".
Contact: Lan Ahn at kwic.youth@gmail.com
To get the word out at Trent and get more signatures on our petitions
and letters sent to politicians there will be an info table at Trent
Monday - Wednesday We need people to staff this table! If you have an
hour or more to spare during these days please volunteer your time! If
you can't staff the table but are still on campus, please stop by and
say "Hi!".
Contact: Lan Ahn at kwic.youth@gmail.com
JUDGE CUNNINGHAM'S SENTENCING OF ROBERT LOVELACE AND PAULA SHERMAN
From www.CCAMU.ca
The following is a copy of the court transcript.
Disclaimer: You are solely responsible for your use of the contents
in this newsletter. You should not rely on the contents as legal
information nor as authoritative. Users should verify the accuracy and
applicability of any content before acting on it.
CCAMU or its individual members, do not guarantee, or make any
warranty, express or implied, that the content is current, accurate,
complete or reliable. CCAMU or its individual members, is not
responsible for any damage, however caused, which results directly or
indirectly from your use of the content of this newsletter. CCAMU or
its individual members, assumes no legal liability or responsibility
for the content of this newsletter, whatsoever.
Friday, February 15, 2008
Cunningham, J. (Orally):
Robert Lovelace and Paula Sherman, would you please stand. Do you
have anything to say at this time before I pass sentence?
MR. LOVELACE: No.
MS. SHERMAN: No.
Thank you. You may be seated. My unpleasant task this morning is to
sentence Robert Lovelace, Paula Sherman, and the A.A.F.N., in
connection with their admitted contempt of orders of Thomson, J.,
dated August 27, 2007, and of myself, dated September 27, 2007.
Harold Perry, for reasons outlined by his counsel on the record
yesterday, has given a permanent undertaking, the essence of which is
that he will fully comply with my September 27th, 2007 order, that he
will neither counsel, engage in, nor solicit further unlawful activity
at the subject property, and that he will forthwith remove his cabin
from Highway 509 and that it will be placed nowhere near the vicinity
of the entrance gate to the subject property, or the Robertsville
Road.
Furthermore, he undertakes not to bring any motions in connection
with my order until after contempt number two has been fully dealt
with.
On the strength of this solemn undertaking, the moving party, F.V.C.,
will not be seeking sanctions against Mr. Perry for his acknowledged
contempt.
I now turn to the remaining contemnors. Robert Lovelace, who gave
evidence, evidence that Mr. Reid and Mr. Lovelace confirmed was fully
supported by Mr. Perry and Ms. Sherman, testified that his contempt,
and theirs, was not only admitted but would continue should F.V.C.
proceed to bring drilling equipment onto the subject property.
Mr. Lovelace, who fully understood the notion of purging one's
contempt, stated he could not abide by the terms of my order because
to do so would be to put him in conflict with Algonquin law, more
precisely, the moratorium declared by elder William Commanda.
Unlike Chief Doreen Davis and Earl Badour Senior, and indeed at the
last moment, Harold Perry, neither Mr. Lovelace nor Ms. Sherman could
bring themselves to comply with an order of this court.
On their behalf, Mr. Reid spoke of their frustration with the Ontario
government, the Mining Act, and the courts process. He said their
disobedience was a last resort, that these people had respect for the
law and that it pained them to be doing this. He agreed, however,
that none of this amounts to a defence to their contemptuous
behaviour, behaviour, that although being prosecuted civilly, comes
perilously close to criminal contempt.
While I can appreciate their sense of frustration, unfortunately, to
adopt self-help in these circumstances flaunts not only my order, the
order of Thomson, J., but more significantly, the rule of law.
Despite what Mr. Reid may say about the indifference of the Ontario
government causing us to be here, it is the contemptuous conduct of
his clients that has caused this proceeding to be initiated. Not only
are Mr. Lovelace and Ms. Sherman unrepentant, they have made it
perfectly clear their illegal conduct will likely continue. Needless
to say, there has been no apology.
In any consideration of sentencing, certain principles come into
play. Here the principles of punishment, specific and general
deterrence, must be in the forefront. Not only must these individuals
be deterred from committing further unlawful acts, a clear, strong
message must be sent to all who might be contemplating similar action.
This motion is brought pursuant to Rule 60.11 and 60.12. The
provisions of Rule 60.11(5) are very broad, once, as here, a finding
of contempt has been made.
In complete defiance of the orders of this court, dated August 27 and
September 27, 2007, the A.A.F.N., Robert Lovelace, and Paula Sherman,
have not only engaged in a full scale occupation of the Clarendon
site, they have, as leaders of their community, counselled and
encouraged others to do so as well.
Compliance with orders of this court is not optional. I am persuaded
that the illegal activity at the Clarendon site is not limited to the
dates set out in the earlier agreement read into the record. Indeed,
it was occurring as recently as early February 2008, when masked First
Nation members at the site made it perfectly clear they would
physically block any drill from getting onto the property. Mr.
Lovelace's evidence confirms this intention.
As many of the cases cited by the plaintiff have reasoned, to permit
court orders to be wilfully disobeyed would only lead to anarchy.
Many Canadians daily, following the rule of law, turn to the courts
for relief. When one ignores orders of our courts, or takes the law
into one's own hands, respect for our court system evaporates, and our
entire society suffers.
As my colleague, Cumming, J., stated in Sussex Group Limited v.
Fangeat, [2003] O.J. No. 3348,
It is integral to a free and democratic society like Canada that
citizens act pursuant to and under the rule of law. Court orders in
force must be respected and followed. The deliberate failure to obey
a court order strikes at the very heart of the administration of
justice.
And further,
If the remedies a court directs to be put in place through its orders
can be ignored with impunity, the road to civil anarchy is close at
hand. The thin veil of civilization that cloaks our community through
the rule of law is fragile and in need of constant protection.
Mr. Lovelace says that while he respects the rule of law, he cannot
comply because his Algonquin law is supreme. He says he finds himself
in a dilemma. Sadly, it is a dilemma of his own making.
His apparent frustration with the Ontario government is no excuse for
breaking the law. There can only be one law, and that is the law of
Canada, expressed through this court. One cannot be permitted as
Wood, J. stated in R. v. Bridges 61 D.L.R.(4th)154, at page four, "the
occasional anarchical holiday from the rule of law".
As he further stated,
…by seeking to change the law by deliberately disobeying it you
threaten the continued existence of the very instrument, indeed the
only instrument through which you may eventually achieve the end you
seek. Such conduct is not only illegal, it is completely
self-defeating.
Recognizing that a sanction for contempt must be proportionate to the
nature of the contempt itself, as well as any mitigating or indeed
aggravating circumstances, and bearing in mind the sentencing
principles of punishment and deterrence, I sentence Robert Lovelace
and Paula Sherman to six months each in jail.
In addition to that, you will each be fined. Robert Lovelace, a
recognized leader and spokesman for his community, was on the site in
breach of the order on twenty-six occasions.
Although apparently only illegally present on two occasions, Paula
Sherman is the current chief of the A.A.F.N. Her illegal presence at
the site would only serve to send a signal and to encourage others.
I have carefully considered the evidence concerning ability to pay,
and reference has been made by me to the suggested factors set out in
my brother judge's reasons, Justice Stinson, in Oakley Manufacturing
Inc. v. Bowman, [2005] O.J. No. 1641, at paragraph 69, and by Ferrier,
J. in Boucher v. Kennedy, [1998] O.J. No. 1612, in my determination of
the fine to be imposed. I am satisfied that each along with A.A.F.N.
has the ability to pay.
Accordingly, as to Robert Lovelace, in addition to the period of
incarceration just pronounced, you shall be fined $25,000.00. Ms.
Sherman is fined $15,000.00, and A.A.F.N., $10,000.00.
Going forward, and in order that these respondents comply with the
order, which by the way is to continue, they shall each, along with
A.A.F.N., be subject to a fine of $2,000.00 per day for any failure to
comply.
As requested, the statement of defence on behalf of these
respondents, pursuant to Rule 60.12, is hereby struck, and no other
motions or applications to this court may be made by them until their
contempt has been purged.
This, in my view, is not only proportionate to the wrongdoing, but is
necessary in order to control the courts process.
However, should these respondents decide to purge their contempt by
undertaking on a permanent basis to comply with my order, then I may
be spoken to by way of a motion to vary or discharge this custodial
order.
In the meantime, I intend to endorse the warrant of committal that
the sentences I have imposed are not subject to remission of any kind
unless ordered by this court.
The police, that is to say the O.P.P. or otherwise, are directed to
immediately enforce the warrant of committal.
************
THE COURT: As to the matter of costs?
MR. SMITHEMAN: Your Honour, we'd ask for costs on a substantial
indemnity basis. And there's one other matter, Your Honour.
THE COURT: Yes.
MR. SMITHEMAN: If I might just address the warrants … the Jane and
John Doe warrants. There may have been some confusion yesterday. The
request is to have those issued by this Court to assist the police in
the event of a further obstruction.
THE COURT: They shall be issued.
MR. SMITHEMAN: Thank you.
THE COURT: Do you wish, counsel, a time to make written submissions
with respect to costs?
MR. SMITHEMAN: Yes, Your Honour. What I would suggest is to make
that returnable for March 18th as well.
THE COURT: Mr. Reid?
MR. REID: That's fine, Your Honour.
THE COURT: Written cost submissions will be exchanged, and delivered
to me, and brief written submissions no greater than three pages each,
by March 18th, 2008. Thank you.
COURT CLOSED 9:45 A.M.
COURT RE-OPENS 10:30 A.M.
MR. SMITHEMAN: Your Honour, we have reached some accommodation with
my friend, Mr. Reid, and I want to say that it's been motivated mainly
on compassionate grounds, and we are agreeing to an undertaking that
we've worked out with my friend, Mr. Reid, on behalf of his client,
Ms. Paula Sherman. And it relates only to the term of incarceration,
the terms of which will be read in by Ms. Pratt. Thank you.
THE COURT: Is that correct, Mr. Reid?
MR. REID: It is.
THE COURT: Thank you.
MR. REID: And I think I should say in open court what I said in
chambers, Your Honour, that what Mr. Smitheman was alluding to about
compassionate grounds, the simple fact is that Chief Sherman is the
sole supporter of three children, and she will lose them if she goes
to jail.
MS. PRATT: So, the terms of the undertaking are as follows: One,
that Dr. Sherman will comply with the letter and the spirit of the
September 27, 2007 order of Associate Chief Justice Cunningham. Ms.
Sherman will not attempt to re-secure or in any way occupy the
Clarendon mineral site and exploration property.
Next, she will not engage in any activity that directly or indirectly
blocks Frontenac Ventures Corporation's representatives from bringing
a drill on the Clarendon mineral site and exploration property.
She will use her best efforts to ensure that Ardoch Algonquin First
Nation community members will comply with the September 27, 2007 order
of Your Honour, including not coming within 200 metres of the gate of
the Clarendon mineral site or the exploration property, with the
exception of bona fide hunting, trapping, or fishing activites during
the applicable season, in groups of four people or less, and with the
exception of travel in the normal course on Highway 509.
She will use her best efforts to ensure Ardoch Algonquin First Nation
community members will comply with the September 27, 2007 order of
Your Honour, by not attempting to re-secure the property and not
blocking Frontenac Ventures Corporation from bringing a drill on the
property.
She will not solicit or encourage third parties to engage in any
activity prevented by the September 27, 2007 order of Associate Chief
Justice Cunningham. And in this regard, third parties include members
of the Shabot Obaadjiwan First Nation, other First Nations, including
Six Nations and Mohawks, settlers, including members of C.C.A.M.U.,
and environmental groups.
And finally, she will post a transcript of the undertakings that she
has personally given to the Court in this matter in the Ardoch
Algonquin First Nation Band office or the equivalent, and on the
Ardoch Algonquin First Nation website.
THE COURT: Thank you. Ms. Sherman, are you prepared to abide by
that undertaking?
MS. SHERMAN: Yes, I am.
THE COURT: Thank you. Accordingly, I will discharge the custodial
portion of my order with respect to Paula Sherman. Anything further?
MR. SMITHEMAN: Nothing.
THE COURT: Thank you.
************
FORM 2
CERTIFICATE OF TRANSCRIPT (SUBSECTION 5(2))
Evidence Act
I, Pamela Juneau certify that this document is a true and accurate
transcript of the recording of:
Frontenac Ventures Corp v. Ardoch Algonquin First Nation et al
In the Ontario Superior Court of Justice, held at 5 Court Street,
Kingston, Ontario, taken from Recording No. 911-A036/08, which has
been certified in Form 1.
Date: February 21, 2008
The following is a copy of the court transcript.
Disclaimer: You are solely responsible for your use of the contents
in this newsletter. You should not rely on the contents as legal
information nor as authoritative. Users should verify the accuracy and
applicability of any content before acting on it.
CCAMU or its individual members, do not guarantee, or make any
warranty, express or implied, that the content is current, accurate,
complete or reliable. CCAMU or its individual members, is not
responsible for any damage, however caused, which results directly or
indirectly from your use of the content of this newsletter. CCAMU or
its individual members, assumes no legal liability or responsibility
for the content of this newsletter, whatsoever.
Friday, February 15, 2008
Cunningham, J. (Orally):
Robert Lovelace and Paula Sherman, would you please stand. Do you
have anything to say at this time before I pass sentence?
MR. LOVELACE: No.
MS. SHERMAN: No.
Thank you. You may be seated. My unpleasant task this morning is to
sentence Robert Lovelace, Paula Sherman, and the A.A.F.N., in
connection with their admitted contempt of orders of Thomson, J.,
dated August 27, 2007, and of myself, dated September 27, 2007.
Harold Perry, for reasons outlined by his counsel on the record
yesterday, has given a permanent undertaking, the essence of which is
that he will fully comply with my September 27th, 2007 order, that he
will neither counsel, engage in, nor solicit further unlawful activity
at the subject property, and that he will forthwith remove his cabin
from Highway 509 and that it will be placed nowhere near the vicinity
of the entrance gate to the subject property, or the Robertsville
Road.
Furthermore, he undertakes not to bring any motions in connection
with my order until after contempt number two has been fully dealt
with.
On the strength of this solemn undertaking, the moving party, F.V.C.,
will not be seeking sanctions against Mr. Perry for his acknowledged
contempt.
I now turn to the remaining contemnors. Robert Lovelace, who gave
evidence, evidence that Mr. Reid and Mr. Lovelace confirmed was fully
supported by Mr. Perry and Ms. Sherman, testified that his contempt,
and theirs, was not only admitted but would continue should F.V.C.
proceed to bring drilling equipment onto the subject property.
Mr. Lovelace, who fully understood the notion of purging one's
contempt, stated he could not abide by the terms of my order because
to do so would be to put him in conflict with Algonquin law, more
precisely, the moratorium declared by elder William Commanda.
Unlike Chief Doreen Davis and Earl Badour Senior, and indeed at the
last moment, Harold Perry, neither Mr. Lovelace nor Ms. Sherman could
bring themselves to comply with an order of this court.
On their behalf, Mr. Reid spoke of their frustration with the Ontario
government, the Mining Act, and the courts process. He said their
disobedience was a last resort, that these people had respect for the
law and that it pained them to be doing this. He agreed, however,
that none of this amounts to a defence to their contemptuous
behaviour, behaviour, that although being prosecuted civilly, comes
perilously close to criminal contempt.
While I can appreciate their sense of frustration, unfortunately, to
adopt self-help in these circumstances flaunts not only my order, the
order of Thomson, J., but more significantly, the rule of law.
Despite what Mr. Reid may say about the indifference of the Ontario
government causing us to be here, it is the contemptuous conduct of
his clients that has caused this proceeding to be initiated. Not only
are Mr. Lovelace and Ms. Sherman unrepentant, they have made it
perfectly clear their illegal conduct will likely continue. Needless
to say, there has been no apology.
In any consideration of sentencing, certain principles come into
play. Here the principles of punishment, specific and general
deterrence, must be in the forefront. Not only must these individuals
be deterred from committing further unlawful acts, a clear, strong
message must be sent to all who might be contemplating similar action.
This motion is brought pursuant to Rule 60.11 and 60.12. The
provisions of Rule 60.11(5) are very broad, once, as here, a finding
of contempt has been made.
In complete defiance of the orders of this court, dated August 27 and
September 27, 2007, the A.A.F.N., Robert Lovelace, and Paula Sherman,
have not only engaged in a full scale occupation of the Clarendon
site, they have, as leaders of their community, counselled and
encouraged others to do so as well.
Compliance with orders of this court is not optional. I am persuaded
that the illegal activity at the Clarendon site is not limited to the
dates set out in the earlier agreement read into the record. Indeed,
it was occurring as recently as early February 2008, when masked First
Nation members at the site made it perfectly clear they would
physically block any drill from getting onto the property. Mr.
Lovelace's evidence confirms this intention.
As many of the cases cited by the plaintiff have reasoned, to permit
court orders to be wilfully disobeyed would only lead to anarchy.
Many Canadians daily, following the rule of law, turn to the courts
for relief. When one ignores orders of our courts, or takes the law
into one's own hands, respect for our court system evaporates, and our
entire society suffers.
As my colleague, Cumming, J., stated in Sussex Group Limited v.
Fangeat, [2003] O.J. No. 3348,
It is integral to a free and democratic society like Canada that
citizens act pursuant to and under the rule of law. Court orders in
force must be respected and followed. The deliberate failure to obey
a court order strikes at the very heart of the administration of
justice.
And further,
If the remedies a court directs to be put in place through its orders
can be ignored with impunity, the road to civil anarchy is close at
hand. The thin veil of civilization that cloaks our community through
the rule of law is fragile and in need of constant protection.
Mr. Lovelace says that while he respects the rule of law, he cannot
comply because his Algonquin law is supreme. He says he finds himself
in a dilemma. Sadly, it is a dilemma of his own making.
His apparent frustration with the Ontario government is no excuse for
breaking the law. There can only be one law, and that is the law of
Canada, expressed through this court. One cannot be permitted as
Wood, J. stated in R. v. Bridges 61 D.L.R.(4th)154, at page four, "the
occasional anarchical holiday from the rule of law".
As he further stated,
…by seeking to change the law by deliberately disobeying it you
threaten the continued existence of the very instrument, indeed the
only instrument through which you may eventually achieve the end you
seek. Such conduct is not only illegal, it is completely
self-defeating.
Recognizing that a sanction for contempt must be proportionate to the
nature of the contempt itself, as well as any mitigating or indeed
aggravating circumstances, and bearing in mind the sentencing
principles of punishment and deterrence, I sentence Robert Lovelace
and Paula Sherman to six months each in jail.
In addition to that, you will each be fined. Robert Lovelace, a
recognized leader and spokesman for his community, was on the site in
breach of the order on twenty-six occasions.
Although apparently only illegally present on two occasions, Paula
Sherman is the current chief of the A.A.F.N. Her illegal presence at
the site would only serve to send a signal and to encourage others.
I have carefully considered the evidence concerning ability to pay,
and reference has been made by me to the suggested factors set out in
my brother judge's reasons, Justice Stinson, in Oakley Manufacturing
Inc. v. Bowman, [2005] O.J. No. 1641, at paragraph 69, and by Ferrier,
J. in Boucher v. Kennedy, [1998] O.J. No. 1612, in my determination of
the fine to be imposed. I am satisfied that each along with A.A.F.N.
has the ability to pay.
Accordingly, as to Robert Lovelace, in addition to the period of
incarceration just pronounced, you shall be fined $25,000.00. Ms.
Sherman is fined $15,000.00, and A.A.F.N., $10,000.00.
Going forward, and in order that these respondents comply with the
order, which by the way is to continue, they shall each, along with
A.A.F.N., be subject to a fine of $2,000.00 per day for any failure to
comply.
As requested, the statement of defence on behalf of these
respondents, pursuant to Rule 60.12, is hereby struck, and no other
motions or applications to this court may be made by them until their
contempt has been purged.
This, in my view, is not only proportionate to the wrongdoing, but is
necessary in order to control the courts process.
However, should these respondents decide to purge their contempt by
undertaking on a permanent basis to comply with my order, then I may
be spoken to by way of a motion to vary or discharge this custodial
order.
In the meantime, I intend to endorse the warrant of committal that
the sentences I have imposed are not subject to remission of any kind
unless ordered by this court.
The police, that is to say the O.P.P. or otherwise, are directed to
immediately enforce the warrant of committal.
************
THE COURT: As to the matter of costs?
MR. SMITHEMAN: Your Honour, we'd ask for costs on a substantial
indemnity basis. And there's one other matter, Your Honour.
THE COURT: Yes.
MR. SMITHEMAN: If I might just address the warrants … the Jane and
John Doe warrants. There may have been some confusion yesterday. The
request is to have those issued by this Court to assist the police in
the event of a further obstruction.
THE COURT: They shall be issued.
MR. SMITHEMAN: Thank you.
THE COURT: Do you wish, counsel, a time to make written submissions
with respect to costs?
MR. SMITHEMAN: Yes, Your Honour. What I would suggest is to make
that returnable for March 18th as well.
THE COURT: Mr. Reid?
MR. REID: That's fine, Your Honour.
THE COURT: Written cost submissions will be exchanged, and delivered
to me, and brief written submissions no greater than three pages each,
by March 18th, 2008. Thank you.
COURT CLOSED 9:45 A.M.
COURT RE-OPENS 10:30 A.M.
MR. SMITHEMAN: Your Honour, we have reached some accommodation with
my friend, Mr. Reid, and I want to say that it's been motivated mainly
on compassionate grounds, and we are agreeing to an undertaking that
we've worked out with my friend, Mr. Reid, on behalf of his client,
Ms. Paula Sherman. And it relates only to the term of incarceration,
the terms of which will be read in by Ms. Pratt. Thank you.
THE COURT: Is that correct, Mr. Reid?
MR. REID: It is.
THE COURT: Thank you.
MR. REID: And I think I should say in open court what I said in
chambers, Your Honour, that what Mr. Smitheman was alluding to about
compassionate grounds, the simple fact is that Chief Sherman is the
sole supporter of three children, and she will lose them if she goes
to jail.
MS. PRATT: So, the terms of the undertaking are as follows: One,
that Dr. Sherman will comply with the letter and the spirit of the
September 27, 2007 order of Associate Chief Justice Cunningham. Ms.
Sherman will not attempt to re-secure or in any way occupy the
Clarendon mineral site and exploration property.
Next, she will not engage in any activity that directly or indirectly
blocks Frontenac Ventures Corporation's representatives from bringing
a drill on the Clarendon mineral site and exploration property.
She will use her best efforts to ensure that Ardoch Algonquin First
Nation community members will comply with the September 27, 2007 order
of Your Honour, including not coming within 200 metres of the gate of
the Clarendon mineral site or the exploration property, with the
exception of bona fide hunting, trapping, or fishing activites during
the applicable season, in groups of four people or less, and with the
exception of travel in the normal course on Highway 509.
She will use her best efforts to ensure Ardoch Algonquin First Nation
community members will comply with the September 27, 2007 order of
Your Honour, by not attempting to re-secure the property and not
blocking Frontenac Ventures Corporation from bringing a drill on the
property.
She will not solicit or encourage third parties to engage in any
activity prevented by the September 27, 2007 order of Associate Chief
Justice Cunningham. And in this regard, third parties include members
of the Shabot Obaadjiwan First Nation, other First Nations, including
Six Nations and Mohawks, settlers, including members of C.C.A.M.U.,
and environmental groups.
And finally, she will post a transcript of the undertakings that she
has personally given to the Court in this matter in the Ardoch
Algonquin First Nation Band office or the equivalent, and on the
Ardoch Algonquin First Nation website.
THE COURT: Thank you. Ms. Sherman, are you prepared to abide by
that undertaking?
MS. SHERMAN: Yes, I am.
THE COURT: Thank you. Accordingly, I will discharge the custodial
portion of my order with respect to Paula Sherman. Anything further?
MR. SMITHEMAN: Nothing.
THE COURT: Thank you.
************
FORM 2
CERTIFICATE OF TRANSCRIPT (SUBSECTION 5(2))
Evidence Act
I, Pamela Juneau certify that this document is a true and accurate
transcript of the recording of:
Frontenac Ventures Corp v. Ardoch Algonquin First Nation et al
In the Ontario Superior Court of Justice, held at 5 Court Street,
Kingston, Ontario, taken from Recording No. 911-A036/08, which has
been certified in Form 1.
Date: February 21, 2008
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