This Friday has been designated by the Assembly of First Nations as a national day of action in support of aboriginal land claims and political causes. For the most part, we are confident the action will be peaceful-- solidarity marches, unity celebrations with non-aboriginal Canadians, rallies, leaflet distribution and the like. Both Phil Fontaine, the National Chief of the Assembly, and the federal government have done what they can to ensure none of the action will be violent. Mr. Fontaine has repeatedly called on his members to respect the law, even as they vocally and visibly go about raising public awareness on aboriginal health, poverty, education and land disputes. Meanwhile, among other things, Jim Prentice, the federal Indian Affairs Minister, fast-tracked a portion of a land claim in Manitoba to defuse threats by the Roseau River First Nation Chief Terry Nelson to "stand between the white man and his money" by blockading the CN mainline across the Prairies.

Still, these precautions may not be enough. There are rogue aboriginal leaders such as Shawn Brant of Ontario's Bay of Quinte Mohawks who -- largely without democratic legitimacy or sanction from a recognized First Nation -- have threatened to take the law into their own hands. Mr. Brant, who has twice in the past year organized blockades of CN's main rail line through eastern Ontario, as well as an occupation of a nearby quarry, claims to be readying a third stoppage on Friday, or perhaps even an obstruction of Canada's busiest highway -- the 401 -- between Toronto and Montreal.

While Canadians should be accommodating of aboriginals engaging in peaceful protest (even if those protests are momentarily disruptive of their daily routines), we see no need to be similarly tolerant of lawlessness. Indeed, we agree with Ontario Conservative leader John Tory, who Tuesday told the Ontario Association of Chiefs of Police that "the law is the law. We are all subject to the law. There aren't exceptions to that," even for people who may have legitimate grievances against the government. "There are going to be consequences," he said in interviews following his speech. "We cannot allow a precedent to be established" that breaking the law is rewarded rather than punished.

If anything, Mr. Tory did not go far enough. He said natives breaking the law should be fined or sued to recover the economic losses they cause plus the cost of additional policing. Frankly, first and foremost, they should be arrested and charged with criminal behaviour.

Mr. Brant claimed whatever action he and his followers decided to take on Friday would be just the beginning of a campaign that is "going to have an impact on this economy that Canada can't imagine at this point." He promised to make non-aboriginal society "absorb" painful economic losses as the best way to have it pay attention.

If Mr. Brant follows through with his threats of a third blockade, he should be charged, not merely fined and sued. It is likely that a non-aboriginal agitator who engaged in the same behaviour would face criminal prosecution.

There cannot be two Criminal Codes in Canada -- one for aboriginals and another for everyone else. One law for all is a fundamental element of the rule of law.

Indeed those who are reluctant to press charges against native squatters and blockaders should consider that enforcing the rule of law is in aboriginals' best interest, too. Where the rule breaks down, civil society fails. And the civil order always fails first where it is weakest, which, in Canada, would be in First Nations communities. Well-meaning non-aboriginals who believe they are doing First Nations people a favour by turning a blind eye to their unlawful protests are speeding the destruction of the rule of law on reserves.

We applaud those aboriginals who this Friday will seek to make their grievances known through law-abiding community events. But those who choose lawlessness instead should be punished in accordance with Canadian law.