Dale Morrisey
Napanee Guide
Friday, July 06, 2007 - 11:00
News - Protest leader Shawn Brant will be cooling his heels behind bars until his preliminary trial after Justice DK Kirkland turned down defense attorney Peter Rosenthal’s request for bail. In a two-and-a-half hour bail hearing which played out like a miniature version of the trial which is to come, both sides argued their points repeatedly.
The drama played out in front of courtroom packed with Brant supporters and reporters. It was ringed with OPP officers as security was extremely tight. Officers with metal detectors swept people entering the court and checked their handbags and camera cases. The courtroom was swept repeatedly before the hearing began.
Crown attorney Robert Morrison said there was no doubt Mr. Brant was the leader of the group responsible for the blockades during the national day of action on June 29. He also said that Brant had a history of such action, pointing to the recent court appearance in May.
That appearance stemmed from late April rail blockade near the quarry which is being occupied by protesters who are asking for its license to be revoked. The quarry, operated by Thurlow Aggregates is on land which is part of an ongoing land dispute which also involves part of the town of Deseronto.
Morrison went into the background of the land dispute before asking the justice to consider the fact that there was, “a virtual certainty he will commit further activities.”
“The previous conditions did not stop him from talking about blockades and protests and going through with them,” added Morrison.
Morrison said it wasn’t often he could be so blunt in court.
“We simply can not release a man who has shown you and told you that he intends to commit future actions,” he said.
Morrison argued that Brant was claiming the moral high ground when he had no authority. He noted that the First Nations leadership had disavowed him and his actions.
Brant’s defense lawyer, the Toronto-based civil rights lawyer Peter Rosenthal, likened Brant to Martin Luther King.
“My friend says Mr. Brant can’t occupy the moral high ground... one thinks of Martin Luther King. He wasn’t sanctioned by his chiefs or political leaders of the day. Are we to believe that First Nations people should all have the same political view? Some would say he is a national hero for disagreeing,” said Rosenthal.
At the heart of the legal argument for both sides was the term colour of right. Essentially, the term refers to protesters and whether or not they are trespassing when the land is disputed. Rosenthal said Brant was acting under colour of right.
“He had an honest belief that it was Mohawk territory he was parking the bus on and this is a great hurdle for the crown,” he said.
Justice Kirkland contended that would be a matter for trial. Rosenthal called Deanna Brant, Shawn Brant’s mother as an assurity. The retired school teacher, who lives on the territory agreed to put up $50,000 bail. She also agreed call the police if Brant indicated he was going to stage a protest. Those conditions weren’t enough to satisfy the crown.
“You knew before that he was going stage a blockade and you didn’t tell him to stop?” asked Morrison.
Rosenthal countered that it wouldn’t matter because Brant wouldn’t hide the fact he was going to stage an event and would likely seek out the attention before hand.
“Mr Brant will get on his own pulpit,” he said.
In an unusual move, Rosenthal asked Brant to speak on his own behalf at the bail hearing. Brant said he is the speaker for the people and has been chosen to put the word forward.
When the crown asked questions, Brant’s blunt nature may have sealed his fate.
“You had no intention of complying did you?” asked the crown, referring to the conditions of the May 3 bail hearing.
“Well, I...” Brant started to respond before Morrison cut him off.
“No you didn’t. So you knew you would be arrested and you didn’t expect bail did you?” continued Morrison.
“I thought it [bail] would be unlikely,” admitted Brant.
In delivering his decision, Justice Kirkland said he had a great deal of experience with the people of Tyendinaga during his 30 years on the bench. He said he believed civil disobedience was important and that the world needed the Shawn Brants.
Kirkland said he had known Brant since he was a teenager and believes he is a reasonable man. But, he noted that the courts have to be respected, and that Brant didn’t do that when he broke his recognizance. He also said because Brant is a man of his word, that makes him a dangerous man to release right now.
“Because, he said there would be more to follow and he always follows through on what he says,” said Kirkland.
The justice cancelled Brant’s previous recognizance and denied him bail for the new charges. A preliminary hearing has been schedule for August 27.